Case Summary
Petitioners, Mannil Kunhalan Haji's Children and Kunhipathumma, sought possession of a room due to rent arrears and bonafide need for starting a business. Respondent Payyanatt Damodaran remained ex-parte.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Possession of the room and costs
Case Type
Rent Control Petition
Final Judgment
No
The court allowed the petition granting possession of the room to the petitioners and directed the respondent to pay arrears of rent if they wished to avoid eviction.
Why Plaintiff Won:
The court found the petitioner's case credible as the respondent remained ex-parte, and there was no challenge to the evidence presented.
The court found the petitioner's case credible as the respondent remained ex-parte, and there was no challenge to the evidence presented.
Losing Side's Weaknesses:
The court found the petitioner's case credible as the respondent remained ex-parte, and there was no challenge to the evidence presented.
The court found the petitioner's case credible as the respondent remained ex-parte, and there was no challenge to the evidence presented.
Supporting Evidence
The evidence adduced by the petitioners remained unchallenged as the respondent remained ex-parte.
Judgment Evidence:
The petition is allowed under section 11(2)(b) and 11(3) of the Kerala Building (Lease and Rent Control) Act, 1965.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Marsook
- Party Age
- 38
- Party Role
- Plaintiff
- Party Name
- Kunhipathumma
- Party Age
- 71
- Relation
- W/o. Mannil Kunhalan
- Party Role
- Defendant
- Party Name
- Payyanatt Damodaran
- Relation
- S/o. Chakkappan
Plaintiffs Documents
Ext.A1(a): Registered Lawyer Notice, Ext.A1(b): Postal receipt, Ext.A1(c): Acknowledgment Card, Ext.A2: Reply notice
Defendants Documents
Not available
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. K.P. Khaleel Ibrahim
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Smt. Remya.C.T
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sri. M.K.Moosakutty
- Appearance Type
- Main Counsel
- Party Role
- Judge
- Advocate Name
- Smt. Vincy.T.V.
- Appearance Type
- Judge
Reliefs
Relief Type:
Possession
Outcome:
Granted
Description:
Petitioners granted possession of the room and costs
Evidence:
The petition is allowed under section 11(2)(b) and 11(3) of the Kerala Building (Lease and Rent Control) Act, 1965.
Documents & Evidence
Document Type:
Registered Lawyer Notice
Submitted By:
Plaintiff
Relevance:
Issued to the respondent regarding the case
Reference:
Ext.A1(a)
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
Acknowledging delivery of notice
Reference:
Ext.A1(b)
Document Type:
Acknowledgment card
Submitted By:
Plaintiff
Relevance:
Received as proof of notice delivery
Reference:
Ext.A1(c)
Document Type:
Reply Notice
Submitted By:
Plaintiff
Relevance:
Response from the respondent to the notice
Reference:
Ext.A2
Case Classification
Case Type
Rent Control Petition
Category
Eviction and Rent Control
District
Malappuram
State
Kerala
Court Establishment
Munsiff Court, Tirur / Rent Control Court
Common Reasons
Case Code
Case between Mannil Kunhalan Haji's Children et al vs Payyanatt Damodaran regarding rent arrears
Case Code Year
Case between Mannil Kunhalan Haji's Children et al vs Payyanatt Damodaran regarding rent arrears