Case Summary
Madhusudhanan filed petitions against M/s. Nas Enterprise and others for eviction due to non-payment of rent and his bonafide requirement for starting a business. The respondents were set ex parte after failing to appear in court.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Eviction of respondents from the petition schedule building within one month.
Case Type
Rent Control Petition
Final Judgment
No
The court allowed both petitions for eviction, stating that the landlord has established his entitlement for an order of eviction under the relevant sections of the Act.
Why Plaintiff Won:
Petitioner established the grounds for eviction under the Act.
Petitioner established the grounds for eviction under the Act.
Losing Side's Weaknesses:
Not available
Not available
Supporting Evidence
The petitioner has established that he is entitled to an order under section 11 (2)(b) of the Act.
Judgment Evidence:
In the result, RCP 84/2018 is allowed as follows: The respondents are directed to put the petitioner in vacant possession of the petition schedule building within one month from the date of this order.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Madhusudhanan
- Party Age
- 63
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- M/s. Nas Enterprise
- Relation
- Managing Partner
- Party Role
- Defendant
- Party Name
- T.T.Abdul Nasar
- Party Age
- 47
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- T.T. Abdul Jaleel
- Relation
- Managing Partner
- Party Role
- Defendant
- Party Name
- K.T.Bushara
- Relation
- D/o
Plaintiffs Documents
Kachit dated 27.10.1997, Agreement dated 28.10.1997, Notice dated 15.03.2018.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. K.P.Gangadharan
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Sandeep Krishnan
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Joseph N.C
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sri.Razal Rahiman
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Jyothi.R
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sri. Muhammed Juraij
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sri. Rajeev Laxman
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Abhilash.K.M
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Eviction
Outcome:
Granted
Description:
The petitioner is entitled to an order of eviction from the premises.
Evidence:
In view of the foregoing discussion, this court is of the considered view that the petitioner is entitled to an order of eviction under all grounds canvassed by him.
Documents & Evidence
Document Type:
Kachit
Submitted By:
Plaintiff
Relevance:
Executed by the second respondent, establishing the landlord-tenant relationship.
Reference:
Ext.A1
Document Type:
Agreement
Submitted By:
Plaintiff
Relevance:
Agreement between the petitioner and the second respondent showing terms of the tenancy.
Reference:
Ext.A2
Document Type:
Lawyer Notice
Submitted By:
Plaintiff
Relevance:
Office copies of the lawyer notice regarding the arrears in rent.
Reference:
Ext.A3 series
Document Type:
Kachit
Submitted By:
Plaintiff
Relevance:
Kachit executed between the petitioner and respondent in RCP 85/2018 establishing the tenancy.
Reference:
Ext.A5
Document Type:
Agreement
Submitted By:
Plaintiff
Relevance:
Agreement executed between petitioner and respondent in RCP 85/2018.
Reference:
Ext.A6
Document Type:
Lawyer Notice
Submitted By:
Plaintiff
Relevance:
Lawyer notice related to RCP 85/2018 indicating legal communication regarding the tenancy.
Reference:
Ext.A7 series
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Reports and sketches from the advocate commissioner related to the case.
Reference:
Ext.C1 series
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Second set of reports and sketches from the advocate commissioner related to the case.
Reference:
Ext.C2 series
Case Classification
Case Type
Rent Control Petition
Category
Eviction and Rent Control
District
Kozhikode
State
Kerala
Court Establishment
Munsiff Court 2 Kozhikode
Common Reasons
Case Code
Case between Madhusudhanan vs M/s. Nas Enterprise, T.T.Abdul Nasar et al regarding eviction under Rent Control Act
Case Code Year
Case between Madhusudhanan vs M/s. Nas Enterprise, T.T.Abdul Nasar et al regarding eviction under Rent Control Act