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RENT CONTROL PETITION NO. 6 OF 2019

Case between Kayakutty Haji vs Shamsudheen Cholakkal regarding eviction of premises

Court
RENT CONTROL COURT
Judge
Sri. Jankish Narayanan
Order Date
2019-11-19
Duration
Case Closed

Judgement document from eCourt website

Judgment Document
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Case Summary

Kayakutty Haji filed a petition against Shamsudheen Cholakkal for eviction of a rented property due to non-payment of rent and sub-letting. The petitioner requires the property for his son to start a business.

Judgment Outcome

Plaintiff Won
Interim Order
The court allowed the petition for eviction, directing the respondent to vacate the premises within three months and pay the costs of the proceedings.
Judgment Favored
Plaintiff
Relief Granted
Vacant possession of the building to be given to the petitioner within three months, and costs granted.
Case Type
Rent Control Petition
Final Judgment
No
The court allowed the petition for eviction, directing the respondent to vacate the premises within three months and pay the costs of the proceedings.
Why Plaintiff Won:
The petitioner established bona fide need for the eviction as the respondent was using the property in a manner that diminishes its value.
Losing Side's Weaknesses:
The petitioner established bona fide need for the eviction as the respondent was using the property in a manner that diminishes its value.
Supporting Evidence
Since, the respondent opted to remain exparte, the evidence adduced by the petitioners remain unchallenged. I find no reason to disbelieve PW1. After considering the evidence, as discussed above, I am satisfied that the petitioner has proved his case by adducing cogent and reliable evidence.

Judgment Evidence:

In the result, the petition is allowed under Sections 11(2), 11(3), 11(4)(i) and 11(4)(ii) of the Kerala Building (Lease and Rent Control) Act, 1965. The respondent is directed to give vacant possession of the petition schedule building to the petitioner within three months from today.

Parties Involved

Parties

Party Role
Plaintiff
Party Name
Kayakutty Haji
Party Age
65
Relation
S/o
Party Role
Defendant
Party Name
Shamsudheen Cholakkal
Party Age
55
Relation
S/o
Plaintiffs Documents
Exhibit A1(a) 26-11-2018 Lawyer Notice, Exhibit A1(b) 26-11-2018 Postal Receipt, Exhibit A1(c) 27-11-2018 Postal Acknowledgment Card.
Defendants Documents
Exhibit C1 10-04-2019 Commission Report, Exhibit C2 10-04-2019 Plan.

Advocates

Party Role
Plaintiff
Advocate Name
Sri. M.K.Moosakutty
Appearance Type
Main Counsel

Reliefs

Relief Type: Eviction
Outcome: Granted
Description:
Eviction of the respondent from the petition schedule building.
Evidence:
I find no reason to disbelieve PW1. After considering the evidence,... the petitioner is entitled for an order of eviction under Sections 11(2), 11 (3), 11 (4) (i) and 11 (4) (ii) of the Kerala Building (Lease and Rent Control) Act, 1965.
Relief Type: Recovery
Outcome: Granted
Description:
Petitioner entitled to recover the costs of the petition from the respondent.
Evidence:
the petitioner is entitled to realise the costs of the petition from the respondent.
Relief Type: Possession
Outcome: Granted
Description:
Respondent directed to give vacant possession of the petition schedule building to the petitioner.
Evidence:
The respondent is directed to give vacant possession of the petition schedule building to the petitioner within three months from today.
Relief Type: Other
Outcome: Granted
Description:
Order under Section 11 (2) (b) vacated on deposit of arrears of rent.
Evidence:
The order under Section 11 (2) (b) shall be vacated on deposit of arrears of rent within one month from the date of this order.

Documents & Evidence

Document Type: Lawyer Notice
Submitted By: Plaintiff
Relevance:
Notice issued to the respondent demanding the surrender of vacant possession of the petition schedule building.
Reference:
Ext.A1(a)
Document Type: Postal receipt
Submitted By: Plaintiff
Relevance:
Receipt confirming the mailing of the lawyer notice to the respondent.
Reference:
Ext.A1(b)
Document Type: Postal Acknowledgment Card
Submitted By: Plaintiff
Relevance:
Acknowledgment card confirming the receipt of the lawyer notice by the respondent.
Reference:
Ext.A1(c)
Document Type: Commission Report
Submitted By: Court
Relevance:
Report filed by the advocate commissioner inspecting the property.
Reference:
Ext.C1
Document Type: Plan
Submitted By: Court
Relevance:
Sketch related to the commission report for the property in question.
Reference:
Ext.C2

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 Kayakutty Haji vs Shamsudheen Cholakkal regarding eviction of premises
Case Code Year
Case between Kayakutty Haji vs Shamsudheen Cholakkal regarding eviction of premises

Quick Facts

Location
TIRUR
District
Malappuram
State
Kerala
Court Establishment
Munsiff Court, Tirur / Rent Control Court
Case Filed
Case Closed
From
Fri, 11/01/2019 - 12:00
To
Sat, 11/30/2019 - 12:00
Outcome Confidence
100%

Involved Entities

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