Case Summary
Eledath Abdul Najeeb filed a petition against Vallikkatt Anand Kumar for getting vacant possession of a shop room and for arrears of rent. The petitioner claims that the shop room is needed for his wife's food packing business.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Petitioner is entitled to the vacant possession of the shop room and costs of the proceedings.
Case Type
Rent Control
Final Judgment
No
The petition was allowed, directing the respondent to vacate the shop room within one month. The petitioner was also granted the right to recover arrears of rent with interest.
Why Plaintiff Won:
Petitioner demonstrated bona fide need for the shop room for his wife's business.
Petitioner demonstrated bona fide need for the shop room for his wife's business.
Losing Side's Weaknesses:
Petitioner demonstrated bona fide need for the shop room for his wife's business.
Petitioner demonstrated bona fide need for the shop room for his wife's business.
Supporting Evidence
His evidence is unchallenged, I find no reason to discard his evidence.
Judgment Evidence:
In the result, 1.The petition is allowed u/s.11(2)(b) and 11(3) of the Act. 2.The respondents are directed to surrender vacant possession of the room within one month from the date of this order.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Eledath Abdul Najeeb
- Party Age
- 61
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Vallikkatt Anand Kumar
- Party Age
- 59
- Relation
- S/o
Plaintiffs Documents
Jenmam Assignment Deed No. 2269/2018, Lease agreement, Lawyer Notice, Reply Notice, Registration Certificate from food safety authority.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. Premdeep Mahesh
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sri. Sivaramakrishnan
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Eviction
Outcome:
Granted
Description:
The court directed the respondent to surrender vacant possession of the shop room within one month.
Evidence:
The respondents are directed to surrender vacant possession of the room within one month from the date of this order.
Relief Type:
Recovery
Outcome:
Granted
Description:
The court ordered the respondent to pay arrears of rent along with interest and costs.
Evidence:
If the respondents pays or proves to be paid rent at the rate of Rs.500/- from 01.06.2020 till 01.02.2022 with interest at the rate of 6% per annum and costs of this proceedings within one month from today, Order u/s.11(2)(b) will be vacated.
Relief Type:
Other
Outcome:
Granted
Description:
The petitioner is entitled to the costs of the proceedings.
Evidence:
Petitioner is entitled to get costs of this proceedings.
Documents & Evidence
Document Type:
License Agreement
Submitted By:
Plaintiff
Relevance:
This document evidences the agreement between the petitioner and the respondent regarding the lease of the shop room.
Reference:
Ext.A1
Document Type:
Lawyer Notice
Submitted By:
Plaintiff
Relevance:
This notice was sent by the petitioner to the respondent regarding arrears of rent and seeking vacant possession.
Reference:
Ext.A2
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
This document serves as proof of sending the lawyer notice.
Reference:
Ext.A2(a)
Document Type:
Reply Notice
Submitted By:
Plaintiff
Relevance:
This notice is the respondent's reply to the petitioner's lawyer notice.
Reference:
Ext.A4
Document Type:
Janmam Assignment Deed
Submitted By:
Plaintiff
Relevance:
This deed establishes the petitioner's ownership of the shop room.
Reference:
Ext.A5
Document Type:
Registration Certificate
Submitted By:
Plaintiff
Relevance:
This certificate is issued to the petitioner for the food safety authority, supporting the intended business activity.
Reference:
Ext.A6
Document Type:
Registration Certificate
Submitted By:
Plaintiff
Relevance:
This is another registration certificate to support the petitioner's claim.
Reference:
Ext.A7
Document Type:
Power of Attorney
Submitted By:
Plaintiff
Relevance:
This document allows the petitioner to act on behalf of the power of attorney holder.
Reference:
Ext.A8
Case Classification
Case Type
Rent Control
Category
Eviction and Rent Control
District
Kozhikode
State
Kerala
Court Establishment
Munsiff Court 2 Kozhikode
Common Reasons
Case Code
Case between Eledath Abdul Najeeb vs Vallikkatt Anand Kumar regarding Rent Control
Case Code Year
Case between Eledath Abdul Najeeb vs Vallikkatt Anand Kumar regarding Rent Control