Case Summary
Petitioners seek eviction of respondent for non-payment of rent and wrongful subletting. Respondent failed to pay rent regularly, leading to arrears of Rs. 42,400. Petitioners also need building for bonafide business purposes.
Judgment Outcome
Judgment Favored
Plaintiffs
Relief Granted
Eviction
Case Type
Eviction under Kerala Building (Lease & Rent Control) Act, 1965
Final Judgment
No
The court granted an order of eviction against the respondent to vacate the shop rooms within two months, citing non-payment of rent and bonafide need for business.
Key Reasoning:
Petitioners proved non-payment of rent, bona fide need for business space, and subletting by respondent without terminating sublease.
Petitioners proved non-payment of rent, bona fide need for business space, and subletting by respondent without terminating sublease.
Losing Side's Weaknesses:
Petitioners proved non-payment of rent, bona fide need for business space, and subletting by respondent without terminating sublease.
Petitioners proved non-payment of rent, bona fide need for business space, and subletting by respondent without terminating sublease.
Supporting Evidence
The respondent has already sublet and transferred the possession of the building to another person. Petitioners had already sent a notice under Section 11(4) (i) and 11(2) to the respondent. Even after receipt of the notice the sub lease is not terminated. Hence the petitioners are entitled to evict the respondent under Section 11(4)(i) of the Kerala Building Lease and Rent Control Act.
Judgment Evidence:
In the result, the respondent is directed to give vacant possession of the shop rooms to the petitioners within two months from the date of this order under Section 11 (2)(b) and 11(3) of the Act. If the respondent pays the rent arrears within one month from the date of this order, the eviction order under Section 11(2) shall stand vacated. Respondent to pay costs of the petition to the petitioner.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- K.P.A Khadeeja
- Party Age
- 68
- Relation
- Wife of Muhammed
- Party Role
- Plaintiff
- Party Name
- Suhara.K.T
- Party Age
- 46
- Party Role
- Defendant
- Party Name
- Shajahan
- Party Age
- 40
- Relation
- S/o. Yoosuf
Plaintiffs Documents
Notice dated 28-05-2014, Postal receipt, Acknowledgment card, Reply notice dated 06-06-2014, Commission report
Defendants Documents
Not available
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. M.K. Moosakutty
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Sri. P. Noufal
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sri. K.M. Shihab
- Appearance Type
- Defence Counsel
Reliefs
Relief Type:
Eviction
Outcome:
Granted
Description:
Eviction from shop rooms for non-payment of rent and subletting without termination
Evidence:
The respondent is directed to give vacant possession of the shop rooms to the petitioners within two months from the date of this order under Section 11 (2)(b) and 11(3) of the Act. If the respondent pays the rent arrears within one month from the date of this order, the eviction order under Section 11(2) shall stand vacated.
Documents & Evidence
Document Type:
Notice
Submitted By:
Plaintiff
Relevance:
Proof of notice, postal receipt, acknowledgment card, reply notice
Reference:
Exts. A1(a), A1(b), A1(c), A2
Document Type:
Commission Report
Submitted By:
Plaintiff
Relevance:
Commission report supporting the petitioners' case
Reference:
Ext. C1
Document Type:
Plan
Submitted By:
Plaintiff
Relevance:
Plan regarding the nature of the building and alleged subletting
Reference:
Ext. C2
Case Classification
Case Type
Eviction under Kerala Building (Lease & Rent Control) Act, 1965
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 K.P.A Khadeeja et al vs Shajahan regarding eviction for non-payment of rent
Case Code Year
Case between K.P.A Khadeeja et al vs Shajahan regarding eviction for non-payment of rent