Case Summary
The petitioner, M. Salahudheen, seeks eviction of the respondent, Mrs. Thasnim Riyas, for not paying rent. The respondent has accrued significant rent arrears amounting to 2,56,000.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The respondent is directed to vacate the shop room and may avoid eviction by paying the due rent within one month.
Case Type
Eviction
Final Judgment
No
The court ordered the eviction of the respondent due to non-payment of rent.
Why Plaintiff Won:
The petitioner has succeeded in proving his case with evidence of non-payment and lease agreements.
The petitioner has succeeded in proving his case with evidence of non-payment and lease agreements.
Losing Side's Weaknesses:
Not available
Not available
Supporting Evidence
By producing Exts. A1 to A6 and by deposing in tune with the petition averments in the affidavit, the petitioner has succeeded in proving his case.
Judgment Evidence:
In the result, an order is passed in the following terms: 1. The respondent is directed to put the petitioner in vacant possession of the scheduled shop room u/s.11(2) (b) of the Act.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- M. Salahudheen
- Party Age
- 81
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Mrs. Thasnim Riyas
- Party Age
- 37
- Relation
- W/o
Plaintiffs Documents
Lease agreements dated 18/03/2021, 29/11/2022, and 01/01/2024, Advocate notice dated 19/04/2024, Postal receipt dated 19/04/2024, Acknowledgment card dated 22/04/2024
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- K. Somasekara Pillai
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Eviction
Outcome:
Granted
Description:
Eviction of the respondent from the scheduled shop room due to non-payment of rent.
Evidence:
Hence, the petitioner is entitled to the relief as prayed for.
Relief Type:
Other
Outcome:
Granted
Description:
The respondent is directed to deposit the arrears of rent with interest to vacate the eviction order.
Evidence:
The order passed under Clause one shall not be executed for a period of one month from today.
Relief Type:
Other
Outcome:
Granted
Description:
Petitioner is entitled to realise the costs of the proceedings from the respondent.
Evidence:
Petitioner is entitled to realise the costs of the proceedings from the respondent.
Documents & Evidence
Document Type:
Lease Agreement
Submitted By:
Plaintiff
Relevance:
The lease agreements demonstrate the terms of tenancy and non-payment of rent.
Reference:
Ext.A1 to A3
Document Type:
Advocate Notice
Submitted By:
Plaintiff
Relevance:
The advocate notice serves as a formal demand for payment of the rent due.
Reference:
Ext.A4
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
The postal receipt provides proof of sending the advocate notice.
Reference:
Ext.A5
Document Type:
Acknowledgment card
Submitted By:
Plaintiff
Relevance:
The acknowledgment card confirms receipt of the advocate notice.
Reference:
Ext.A6
Case Classification
Case Type
Eviction
Category
Eviction and Rent Control
District
Kollam
State
Kerala
Court Establishment
Munsiff Court Kollam
Common Reasons
Non-payment of rent
Case Code
Case between M. Salahudheen vs Mrs. Thasnim Riyas regarding eviction for non-payment of rent
Case Code Year
Case between M. Salahudheen vs Mrs. Thasnim Riyas regarding eviction for non-payment of rent