Case Summary
The petitioners, Kerala Naduvathul Mujahideen and its local unit, seek eviction of K.S. Nazar from a property for failure to pay rent. The petitioners claim they require the property for a preschool and their office.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Possession of the petition schedule building granted to petitioners within 30 days.
Case Type
Rent Control Petition
Final Judgment
No
The court ordered the respondent to vacate the premises within 30 days while denying certain other claims by the petitioners.
Why Plaintiff Won:
The petitioners proved bonafide need for the property.
The petitioners proved bonafide need for the property.
Losing Side's Weaknesses:
The petitioners proved bonafide need for the property.
The petitioners proved bonafide need for the property.
Supporting Evidence
The need projected by the petitioners is genuine and bona fide, and the burden of proof was not satisfactorily established on the respondent's part.
Judgment Evidence:
In the result, the petition is allowed in part under section 11(3) of the Act as follows; i. The respondent is hereby directed to put the petitioners in possession of the petition schedule building within 30 days from today.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Kerala Naduvathul Mujahideen
- Party Role
- Plaintiff
- Party Name
- Kerala Naduvathul Mujahideen Kanjiramattam Pradesika Samithi
- Party Role
- Defendant
- Party Name
- K.S. Nazar
- Relation
- S/o
Plaintiffs Documents
Original resolution dated 07.01.2025, Original power of attorney, Certified copy of gift Deed No. 1060/1992, Original land tax receipt, Original ownership certificate
Defendants Documents
Rent receipt from 01.08.2013 to 13.03.2025, Acknowledgment of rent, Copy of the reply notice, Trade licence
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Babu Karukapadath
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- M.A. Vaheeda Babu
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Wazim Babu Larukapadath
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Arya Raghunath
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- P. Lakshmi
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Aysha E.M.
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Abusail A.K.
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Hanuja Nafiza V.S.
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sunil V. Mohammed
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Thasneem Ashraf
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Eviction
Outcome:
Granted
Description:
The petitioners are granted eviction against the respondent from the petition schedule building.
Evidence:
The petition is allowed in part under section 11(3) of the Act as follows; i. The respondent is hereby directed to put the petitioners in possession of the petition schedule building within 30 days from today.
Relief Type:
Eviction
Outcome:
Refused
Description:
The eviction sought for under section 11(2)(b) of the Act is disallowed.
Evidence:
ii. The eviction sought for under section 11(2)(b) of the Act is disallowed.
Relief Type:
Costs
Outcome:
Granted
Description:
The petitioners are entitled to get the costs of the proceedings from the respondent.
Evidence:
Hence, the petitioners are entitled to get the costs from the respondent.
Documents & Evidence
Document Type:
Original resolution
Submitted By:
Plaintiff
Relevance:
This document shows the authorization of PW1 to represent the petitioners in the case.
Reference:
Ext.A1
Document Type:
Power of Attorney
Submitted By:
Plaintiff
Relevance:
This document is the power of attorney issued in favor of PW1 by the general secretary of the petitioner society.
Reference:
Ext.A2
Document Type:
Certified Copy of Gift Deed
Submitted By:
Plaintiff
Relevance:
This gift deed establishes the ownership of the petitioners over the petition schedule building.
Reference:
Ext.A3
Document Type:
Original Land Tax Receipt
Submitted By:
Plaintiff
Relevance:
This document provides evidence of the land tax paid by the petitioners for the property.
Reference:
Ext.A4
Document Type:
Original ownership certificate
Submitted By:
Plaintiff
Relevance:
This certificate further establishes the ownership of the petitioners over the property.
Reference:
Ext.A5
Document Type:
Original property tax assessment register
Submitted By:
Plaintiff
Relevance:
This document contains the assessment details of the property owned by the petitioners.
Reference:
Ext.A6
Document Type:
Original property tax payment receipt
Submitted By:
Plaintiff
Relevance:
This receipt shows the payment of property taxes by the petitioners.
Reference:
Ext.A7
Document Type:
Certified Copy of Licence
Submitted By:
Plaintiff
Relevance:
This document shows the issuance of a license pertaining to the petition schedule building.
Reference:
Ext.A8
Document Type:
Copy of Lawyer’s notice
Submitted By:
Plaintiff
Relevance:
This notice was sent to the respondent, claiming arrears of rent and demanding possession.
Reference:
Ext.A9
Document Type:
Certified copy of assessment register for property taxes
Submitted By:
Plaintiff
Relevance:
This contains the assessment details of the property taxes for three floors.
Reference:
Ext.A10 series
Document Type:
Original resolution
Submitted By:
Plaintiff
Relevance:
This document is a resolution passed in favor of PW1, supporting his authority to represent the petitioners.
Reference:
Ext.A11
Document Type:
Resolution
Submitted By:
Plaintiff
Relevance:
This is another resolution that supports the actions taken by the petitioners.
Reference:
Ext.A12
Document Type:
Original power of attorney
Submitted By:
Plaintiff
Relevance:
This power of attorney is a further authorization allowing PW1 to represent the petitioners.
Reference:
Ext.A13
Document Type:
Rent receipts
Submitted By:
Defendant
Relevance:
These receipts were marked as evidence of the rent allegedly paid by the respondent.
Reference:
Ext.B2 series
Document Type:
Acknowledgment of rent
Submitted By:
Defendant
Relevance:
This acknowledgment was claimed to show that there are no arrears of rent.
Reference:
Ext.B3
Document Type:
Copy of the reply notice
Submitted By:
Defendant
Relevance:
This notice was a response to the petitioners' lawyer's notice regarding the rent claim.
Reference:
Ext.B4
Document Type:
Trade licence
Submitted By:
Defendant
Relevance:
This document shows the trade license of the respondent.
Reference:
Ext.B5
Case Classification
Case Type
Rent Control Petition
Category
Eviction and Rent Control
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Common Reasons
Non-payment of rent
Case Code
Case between Kerala Naduvathul Mujahideen et al vs K.S. Nazar regarding Eviction
Case Code Year
Case between Kerala Naduvathul Mujahideen et al vs K.S. Nazar regarding Eviction