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
The petition is allowed, directing the respondent to vacate the shop rooms within two months and pay the rent arrears.
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.
Losing Side's Weaknesses:
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.
Supporting Evidence
Because 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
Parties
- Party Role
- Plaintiff
- Party Name
- K.P.A Khadeeja
- Party Age
- 68
- Relation
- W/o. Muhammed
- Party Role
- Plaintiff
- Party Name
- Suhara.K.T
- Party Age
- 46
- Party Role
- Plaintiff
- Party Name
- Abdu Samad.K.T
- Party Age
- 42
- Party Role
- Plaintiff
- Party Name
- Rasiya.K.T
- Party Age
- 40
- Party Role
- Plaintiff
- Party Name
- Abdul Rasheed.K.T
- Party Age
- 38
- Party Role
- Plaintiff
- Party Name
- Sinan.K.T
- Party Age
- 34
- Party Role
- Plaintiff
- Party Name
- Nizar.K.T
- Party Age
- 38
- Party Role
- Plaintiff
- Party Name
- Ameer.K.T
- Party Age
- 28
- Party Role
- Defendant
- Party Name
- Shajahan
- Party Age
- 40
- Relation
- S/o. Yoosuf
Plaintiffs Documents
Notice dated 28-5-2014; Postal receipt; Acknowledgment card; Reply notice dated 06-6-2014; Commission report
Defendants Documents
Not available
Advocates
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
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 and subletting
Case Code Year
Case between K.P.A Khadeeja et al vs Shajahan regarding eviction for non-payment of rent and subletting