Case Summary
The plaintiff, Kanhirakkot Yoosuf, is seeking eviction of the defendant, Hafsath, for non-payment of rent. The court found that the plaintiff has proven his case and is entitled to the relief sought.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The defendant is directed to put the plaintiff in vacant possession of the shop room within 2 months and pay Rs. 1000 per month as rent in arrear.
Case Type
Civil Suit
Final Judgment
No
The court decreed the suit in favor of the plaintiff, allowing eviction and awarding arrears of rent.
Why Plaintiff Won:
The plaintiff proved his case by adducng cogent and reliable evidence.
The plaintiff proved his case by adducng cogent and reliable evidence.
Losing Side's Weaknesses:
The plaintiff proved his case by adducng cogent and reliable evidence.
The plaintiff proved his case by adducng cogent and reliable evidence.
Supporting Evidence
Since the defendant did not file written statement, the evidence adduced by the plaintiff remained unchallenged. I find no reason to disbelieve PW1. Therefore, I am satisfied that the plaintiff has proved his case by adducing cogent and reliable evidence.
Judgment Evidence:
In the result, the suit is decreed as follows. 1. The defendant is directed to put the plaintiff in vacant possession of the plaint schedule shop room within 2 months from the date of this order.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Kanhirakkot Yoosuf
- Party Age
- 55
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Hafsath
- Party Age
- 33
- Relation
- D/o
Plaintiffs Documents
29-10-2018 Lawyer Notice, 10-01-2018 Jenm Assignment Deed.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. M.A.Ismail
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sri.V.K.Hareesh.
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Eviction
Outcome:
Granted
Description:
The defendant is directed to put the plaintiff in vacant possession of the plaint schedule shop room.
Evidence:
The defendant is directed to put the plaintiff in vacant possession of the plaint schedule shop room within 2 months from the date of this order.
Relief Type:
Recovery
Outcome:
Granted
Description:
The plaintiff is entitled to recover rent in arrear from the defendant.
Evidence:
The plaintiff is also entitled to recover 1000/ per month as rent in arrear, ₹ from the defendant from 01.02.2017 till the surrender of the building.
Relief Type:
Other
Outcome:
Granted
Description:
Plaintiff is entitled to realize the costs of the suit from the defendant.
Evidence:
Plaintiff is entitled to realize the costs of the suit from the defendant.
Documents & Evidence
Document Type:
Lawyer Notice
Submitted By:
Plaintiff
Relevance:
The document is a notice issued by the plaintiff's lawyer terminating the lease.
Reference:
Ext.A1
Document Type:
Jenm Assignment Deed
Submitted By:
Plaintiff
Relevance:
This document establishes the plaintiff's ownership of the property in question.
Reference:
Ext.A2
Case Classification
Case Type
Civil Suit
Category
Eviction and Rent Control
District
Malappuram
State
Kerala
Court Establishment
Munsiff Court, Tirur / Rent Control Court
Common Reasons
Eviction
Case Code
Case between Kanhirakkot Yoosuf vs Hafsath regarding Eviction and Arrears of Rent
Case Code Year
Case between Kanhirakkot Yoosuf vs Hafsath regarding Eviction and Arrears of Rent