Case Summary
Plaintiffs, children of Chundan veettil Kappatakath Aboobacker Haji, filed a suit against Faisal seeking eviction from the property due to non-payment of license fee and refusal to vacate despite termination of license agreement.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Eviction with costs
Case Type
Civil Suit - Eviction
Final Judgment
No
The court directed the defendant to vacate the property within one month and granted the plaintiff's costs of the suit.
Why Plaintiff Won:
The court found that the defendant failed to vacate the property despite termination of the license agreement and legal notice served, fulfilling the requirements under Section 106 of the Transfer of Property Act.
The court found that the defendant failed to vacate the property despite termination of the license agreement and legal notice served, fulfilling the requirements under Section 106 of the Transfer of Property Act.
Losing Side's Weaknesses:
The court found that the defendant failed to vacate the property despite termination of the license agreement and legal notice served, fulfilling the requirements under Section 106 of the Transfer of Property Act.
The court found that the defendant failed to vacate the property despite termination of the license agreement and legal notice served, fulfilling the requirements under Section 106 of the Transfer of Property Act.
Supporting Evidence
Since the defendant remained ex-parte, the evidence adduced by the plaintiff remained unchallenged. I find no reason to disbelieve the plaintiff. Hence the plaintiffs are entitled to get a decree as prayed for.
Judgment Evidence:
The defendant is directed to vacate the plaint schedule property within a period of one month from today. The plaintiff is entitled to realise the cost of the suit from the defendant.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Hameed Iqbal
- Party Age
- 44
- Relation
- Child of Chundan veettil Kappatakath Aboobacker Haji
- Party Role
- Plaintiff
- Party Name
- Ishak Ali
- Party Age
- 36
- Relation
- Child of Chundan veettil Kappatakath Aboobacker Haji
- Party Role
- Plaintiff
- Party Name
- Nusaiba
- Party Age
- 45
- Relation
- Child of Chundan veettil Kappatakath Aboobacker Haji
- Party Role
- Defendant
- Party Name
- Faisal
- Party Age
- 35
- Relation
- Son of Aboobacker Haji
Plaintiffs Documents
Ext.A1(a) - Notice dated 14-2-2017, Ext.A1(b) - Acknowledgement card, Ext.A1(c) - Postal receipt
Defendants Documents
Not available
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri.M.K.Moosakutty
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Sri.M.V.Anuraj
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Eviction
Outcome:
Granted
Description:
Eviction of defendant from the property within one month
Evidence:
The defendant is directed to vacate the plaint schedule property within a period of one month from today.
Relief Type:
Costs of Suit
Outcome:
Granted
Description:
Realization of the cost of the suit from the defendant
Evidence:
The plaintiff is entitled to realise the cost of the suit from the defendant.
Documents & Evidence
Document Type:
Notice
Submitted By:
Plaintiff
Relevance:
Termination notice dated 14-2-2017
Reference:
Ext.A1(a)
Document Type:
Acknowledgement
Submitted By:
Plaintiff
Relevance:
Acknowledgement card for the notice
Reference:
Ext.A1(b)
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
Postal receipt of notice delivery
Reference:
Ext.A1(c)
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 License Fee
Case Code
Case between Hameed Iqbal et al vs Faisal regarding eviction for non-payment of license fee
Case Code Year
Case between Hameed Iqbal et al vs Faisal regarding eviction for non-payment of license fee