Case Summary
The plaintiff, Moidutty Haji, filed a suit against the defendant, Sudheesh, seeking rent arrears from January 2016 at an enhanced rate and vacant possession of the rented building.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Rent arrears payment, Vacant possession, Costs of the suit
Case Type
Civil Suit - Mandatory Injunction, Damages, Recovery of Rent
Final Judgment
No
The court decreed the suit, directing the defendants to pay rent arrears at an enhanced rate, provide vacant possession of the building within one month, and pay the costs of the suit to the plaintiff.
Why Plaintiff Won:
Explain the main legal or evidentiary reason stated by the court for granting or refusing relief.
Explain the main legal or evidentiary reason stated by the court for granting or refusing relief.
Losing Side's Weaknesses:
Explain the main legal or evidentiary reason stated by the court for granting or refusing relief.
Explain the main legal or evidentiary reason stated by the court for granting or refusing relief.
Supporting Evidence
So, the plaintiffs have adduced cogent and reliable evidence to prove their case.
Judgment Evidence:
In the result, the suit is decreed as follows:- 1. The defendants are directed pay to the plaintiff the rent arrears from 15-1-2017 at the rate of Rs. 750/-. 2. The defendants are directed to give the vacant possession to the building with in 1 month from today. 3. The defendant shall pay costs of the suit to the plaintiff.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Moidutty Haji
- Party Age
- 67
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Sudheesh
- Party Age
- 31
- Relation
- S/o
Plaintiffs Documents
Rent agreement dated 28-3-2014, Copy of Lawyer Notice dated 13-12-2016, Acknowledgment card.
Defendants Documents
Nil
Advocates
Reliefs
Relief Type:
Rent arrears payment
Outcome:
Granted
Description:
Payment of rent arrears from 15-1-2017 at the rate of Rs. 750/-.
Evidence:
Relief Type:
Vacant Possession
Outcome:
Granted
Description:
Defendants directed to provide vacant possession to the building within one month.
Evidence:
Relief Type:
Costs of the suit
Outcome:
Granted
Description:
Defendant shall pay costs of the suit to the plaintiff.
Evidence:
Documents & Evidence
Document Type:
Rent Agreement
Submitted By:
Plaintiff
Relevance:
Proved rental agreement details.
Reference:
A1
Document Type:
Lawyer Notice
Submitted By:
Plaintiff
Relevance:
Correspondence regarding demand for possession and arrears.
Reference:
A2
Document Type:
Acknowledgment card
Submitted By:
Plaintiff
Relevance:
Acknowledgment of notice.
Reference:
A3
Case Classification
Case Type
Civil Suit - Mandatory Injunction, Damages, Recovery of Rent
Category
Eviction and Rent Control
District
Malappuram
State
Kerala
Court Establishment
Munsiff Court, Tirur / Rent Control Court
Common Reasons
Case Code
Case between Moidutty Haji vs Sudheesh regarding rent arrears and vacant possession
Case Code Year
Case between Moidutty Haji vs Sudheesh regarding rent arrears and vacant possession