Case Summary
Petitioners seek eviction of respondent from a room to start a Mini Super Market due to arrears and alleged reduction of room value.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Eviction
Case Type
Civil Suit - Eviction
Final Judgment
No
The petitioners are granted eviction of the respondent from the room to start a Mini Super Market.
Why Plaintiff Won:
Explain the main legal or evidentiary reason stated by the court for granting or refusing relief.
Explain the main legal or evidentiary reason stated by the court for granting or refusing relief.
Losing Side's Weaknesses:
Explain the main legal or evidentiary reason stated by the court for granting or refusing relief.
Explain the main legal or evidentiary reason stated by the court for granting or refusing relief.
Supporting Evidence
An enquiry as to the arrears of rent which accrue due after the issue of notice or the arrears payable at the time when the petition came up for enquiry is not contemplated under the Act. The enquiry has to be limited to the question of default at the time of issue of notice and non payment or non tender of the same within 15 days of the receipt of notice or the refusal thereof.
Judgment Evidence:
The respondent is directed to put the petitioner in vacant possession of the petition schedule property within one month from today. The petitioners are entitled to realise the cost of the petition from the respondent.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Fathima
- Party Age
- 51
- Relation
- Wife of Moideen
- Party Role
- Plaintiff
- Party Name
- Muhammed Afeekh
- Party Age
- 33
- Relation
- Son of Moideen
- Party Role
- Plaintiff
- Party Name
- Ashikh
- Party Age
- 21
- Relation
- Son of Moideen
- Party Role
- Plaintiff
- Party Name
- Hamna
- Party Age
- 16
- Relation
- Daughter of Moideen
- Party Role
- Defendant
- Party Name
- Rajan
- Party Age
- 40
- Relation
- Son of Appunni
Plaintiffs Documents
Copy of lawyer notice dated 17-8-2015, Acknowledgment card, Reply Notice dated 26-8-2015, Copy of Order and Razi petition in RCP 21/2016, Copy of Commission report, Copy of Commission plan, License agreement Karar dated 23-9-2003
Defendants Documents
Nil
Advocates
Reliefs
Relief Type:
Eviction
Outcome:
Granted
Description:
Eviction of the respondent from the room to start a Mini Super Market
Evidence:
The respondent is directed to put the petitioner in vacant possession of the petition schedule property within one month from today.
Documents & Evidence
Document Type:
Copy of Lawyer Notice
Submitted By:
Plaintiff
Relevance:
Issued on 17-8-2015
Reference:
A1
Document Type:
Reply Notice
Submitted By:
Plaintiff
Relevance:
Dated 26-8-2015
Reference:
A3
Document Type:
License Agreement
Submitted By:
Plaintiff
Relevance:
Dated 23-9-2003
Reference:
A6
Case Classification
Case Type
Civil Suit - Eviction
Category
Eviction and Rent Control
District
Malappuram
State
Kerala
Court Establishment
Munsiff Court, Tirur / Rent Control Court
Common Reasons
Non-payment of rent
Case Code
Case between Fathima et al vs Rajan regarding eviction
Case Code Year
Case between Fathima et al vs Rajan regarding eviction