Case Summary
Petitioners seek eviction of the respondent due to non-payment of rent, arrears in rent amounting to Rs. 32,400, and subletting of the building to conduct a travel agency. The petitioners also require the building for a bonafide purpose of setting up a draftsman civil office.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Eviction; Rent arrears payment
Case Type
Eviction under Kerala Building (Lease & Rent Control) Act, 1965
Final Judgment
No
Why Plaintiff Won:
The respondent failed to pay rent arrears and sublet the building without permission, justifying eviction under the law.
The respondent failed to pay rent arrears and sublet the building without permission, justifying eviction under the law.
Judgment Evidence:
The respondent is hereby 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.
Parties Involved
Plaintiffs
K.P.A Khadeeja (68 years)
Kooriparambil Thekkumbatt House, Post Valanchery, Moochikkal, Tirur Taluk
Suhara.K.T (46 years)
Kooriparambil Thekkumbatt House, Post Valanchery, Moochikkal, Tirur Taluk
Abdu Samad.K.T (42 years)
Kooriparambil Thekkumbatt House, Post Valanchery, Moochikkal, Tirur Taluk
Rasiya.K.T (40 years)
Kooriparambil Thekkumbatt House, Post Valanchery, Moochikkal, Tirur Taluk
Abdul Rasheed.K.T (38 years)
Kooriparambil Thekkumbatt House, Post Valanchery, Moochikkal, Tirur Taluk
Sinan.K.T (34 years)
Kooriparambil Thekkumbatt House, Post Valanchery, Moochikkal, Tirur Taluk
Nizar.K.T (38 years)
Kooriparambil Thekkumbatt House, Post Valanchery, Moochikkal, Tirur Taluk
Ameer.K.T (28 years)
Kooriparambil Thekkumbatt House, Post Valanchery, Moochikkal, Tirur Taluk
Defendants
Shajahan (40 years)
Karaparambil House, Kottaram, Post Valanchery, Pin: 676 552, Tirur Taluk
Reliefs
Relief Type:
Eviction
Outcome:
Granted
Description:
Obtain vacant possession of the shop rooms within two months from the date of the order under Section 11 (2)(b) and 11(3) of the Act.
Evidence:
The respondent is hereby 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.
Relief Type:
Rent arrears payment
Outcome:
Not Decided
Description:
Recover the rent arrears from the respondent.
Evidence:
Documents & Evidence
Document Type:
Notice
Submitted By:
Plaintiff
Relevance:
Documents related to notice of arrears and reply notice.
Reference:
Ext.A1(a), A1(b), A1(c), A2
Document Type:
Commission Report
Submitted By:
Plaintiff
Relevance:
Commission report presented as evidence.
Reference:
Ext.C1