Case Summary
Dr. Firoz P. Iqbal has filed a petition against K.N. Abdul Gafoor and K.N. Marzook for eviction due to arrears in rent and unauthorized subletting. The court examined the claims and evidence presented by both parties regarding the tenancy and the need for the premises.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Order of eviction granted with costs to the petitioner.
Case Type
Rent Control Petition
Final Judgment
No
Why Plaintiff Won:
The respondents failed to provide evidence against the claims made by the petitioner regarding non-payment of rent and unauthorized subletting.
The respondents failed to provide evidence against the claims made by the petitioner regarding non-payment of rent and unauthorized subletting.
Judgment Evidence:
The petition is allowed under sections 11(2)(b), 11(3) and 11(4)(i) of the Act with costs. The respondents are directed to put the landlord/petitioner in possession of the petition schedule building within 30 days from today.
Parties Involved
Plaintiffs
Dr.Firoz P. Iqbal (52 years)
Door No.15/16A, B Block, Kent Hail Garden, Jawaharlal Nehru Stadium Link Road, Palarivattom, Kochi 682 025
Defendants
K.N.Abdul Gafoor (55 years)
"Rangoon" Near Marval Mansion, Kathrikadavu, Kochi 682 017
K.N.Marzook (Age not specified years)
Metro Plus (Featherlite Showroom) Building # 66/1411 & 66/1142, Adjacent to Town Hall, Ernakulam, Kochi 682 013
Reliefs
Relief Type:
Eviction
Outcome:
Granted
Description:
Eviction of the respondents from the petition schedule building.
Evidence:
The petition is allowed under sections 11(2)(b), 11(3) and 11(4)(i) of the Act.
Relief Type:
Costs
Outcome:
Granted
Description:
Petitioner is entitled to costs of the petition from the respondents.
Evidence:
The petitioner is entitled to get the costs of the petition from the respondents.
Documents & Evidence
Document Type:
Letter
Submitted By:
Plaintiff
Relevance:
A letter issued by the 1st respondent relevant to the lease agreement.
Reference:
Ext.A1
Document Type:
Original lease agreement
Submitted By:
Plaintiff
Relevance:
Original lease agreement executed by the 2nd respondent.
Reference:
Ext.A2
Document Type:
Original lease agreement
Submitted By:
Plaintiff
Relevance:
Original lease agreement consolidating previous leases.
Reference:
Ext.A3
Document Type:
Office copy of letter
Submitted By:
Plaintiff
Relevance:
Office copy of letter along with acknowledgment of the 1st respondent.
Reference:
Ext.A4 series
Document Type:
Office Copy of Lawyer's Notice
Submitted By:
Plaintiff
Relevance:
Office copy of lawyer’s notice sent to the respondents regarding unpaid rent.
Reference:
Ext.A5 series
Document Type:
Office Copy of Lawyer's Notice
Submitted By:
Plaintiff
Relevance:
Office copy of another lawyer’s notice sent to the respondents.
Reference:
Ext.A6 series
Document Type:
Original returned postal articles
Submitted By:
Plaintiff
Relevance:
Returned postal articles addressed to the respondents.
Reference:
Ext.A7 series
Document Type:
Original lease agreement
Submitted By:
Plaintiff
Relevance:
Original lease agreement relevant to the case.
Reference:
Ext.A9
Document Type:
Original Franchise Agreement
Submitted By:
Plaintiff
Relevance:
Franchise agreement for the preschool business.
Reference:
Ext.A10
Document Type:
Original Addendum to Franchise Agreement
Submitted By:
Plaintiff
Relevance:
Addendum to the franchise agreement.
Reference:
Ext.A11
Document Type:
Original Deed of Partnership
Submitted By:
Plaintiff
Relevance:
Deed of partnership for the firm, M/s. Milestone.
Reference:
Ext.A12
Document Type:
Compact disc and photographs
Submitted By:
Plaintiff
Relevance:
Photographs relevant to the case.
Reference:
Ext.A13 series
Document Type:
Original agreement
Submitted By:
Plaintiff
Relevance:
An agreement filed relevant to the case.
Reference:
Ext.A14
Document Type:
Copy of Affidavit
Submitted By:
Plaintiff
Relevance:
Affidavit filed before the Hon’ble High Court.
Reference:
Ext.A15
Document Type:
Certified Copy of Common Order
Submitted By:
Plaintiff
Relevance:
Common order of the Hon’ble High Court in relevant cases.
Reference:
Ext.A16
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Commission report including a rough sketch.
Reference:
Ext.C1 series
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Commission report with photographs and relevant documentation.
Reference:
Ext.C2 series