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RENT CONTROL PETITION NO. 83 OF 2016

Case between Kakkuzhiyil Basheer vs Cherukkara Musthafa regarding rent arrears and subletting

Court
Court of the Rent Controller of Tirur
Judge
Smt. VINCY.T.V.,B.A, L.L.B.
Order Date
2018-01-31
Duration
Approximately 1 year
Case Closed
Wed, 01/31/2018 - 12:00

Judgement document from eCourt website

Judgment Document
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Case Summary

Petitioner filed a petition seeking eviction of the respondent due to rent arrears and unauthorized subletting of the property.

Judgment Outcome

Plaintiff Won
Interim Order
The court granted the eviction of the respondent due to rent arrears and unauthorized subletting.
Judgment Favored
Plaintiff
Relief Granted
Eviction of the respondent from the petition schedule building
Case Type
Rent Control Petition
Final Judgment
No
The court granted the eviction of the respondent due to rent arrears and unauthorized subletting.
Why Plaintiff Won:
The petitioner proved that the respondent had not paid rent since 2015 and failed to prove the surrender of the lease. The alleged sublessee was unable to provide substantial evidence of tenancy.
Losing Side's Weaknesses:
The petitioner proved that the respondent had not paid rent since 2015 and failed to prove the surrender of the lease. The alleged sublessee was unable to provide substantial evidence of tenancy.
Supporting Evidence
The respondent failed to prove that the person in exclusive possession of the petition schedule property was not his sublessee.

Judgment Evidence:

The court granted the eviction of the respondent.

Parties Involved

Parties

Party Role
Plaintiff
Party Name
Kakkuzhiyil Basheer
Party Age
50
Relation
S/o Ahammed kutty
Party Role
Defendant
Party Name
Cherukkara Musthafa
Party Age
48
Relation
S/o Cherukkara Aalassankutty Haji
Plaintiffs Documents
Registered Lawyer notice dated 15-3-2016, Postal Receipt, Acknowledgment Card
Defendants Documents
Not available

Advocates

Reliefs

Relief Type: Eviction
Outcome: Granted
Description:
Eviction of the respondent from the petition schedule building
Evidence:
The court granted the eviction of the respondent.

Documents & Evidence

Document Type: Registered Lawyer Notice
Submitted By: Plaintiff
Relevance:
Issued on 15-3-2016
Reference:
A1(a)
Document Type: Postal receipt
Submitted By: Plaintiff
Relevance:
Related to the case
Reference:
A1(b)
Document Type: Acknowledgment card
Submitted By: Plaintiff
Relevance:
Associated with the case
Reference:
A1(c)

Case Classification

Case Type
Rent Control Petition
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 Kakkuzhiyil Basheer vs Cherukkara Musthafa regarding rent arrears and subletting
Case Code Year
Case between Kakkuzhiyil Basheer vs Cherukkara Musthafa regarding rent arrears and subletting

Quick Facts

Location
Tirur
District
Malappuram
State
Kerala
Court Establishment
Munsiff Court, Tirur / Rent Control Court
Case Filed
Fri, 01/01/2016 - 12:00
Case Closed
Wed, 01/31/2018 - 12:00
From
Mon, 01/01/2018 - 12:00
To
Wed, 01/31/2018 - 12:00
Outcome Confidence
100%

Involved Entities

Private Individual

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