Case Summary
The petitioners, Mrs. Sheela Aby and Dr. John Aby, seek eviction of Mr. Muhammed Fazil Basheer and M/s. AIMFIFLL INTERNATIONAL from a commercial space over unpaid rent and personal requirement. The petitioners claim the respondent has not paid rent since July 2019 and requires the premises for their dental clinic.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Eviction of the respondent from the premises within 30 days.
Case Type
Rent Control Petition
Final Judgment
No
Why Plaintiff Won:
The petitioners established the existence of a landlord-tenant relationship and proved that rent was in arrears.
The petitioners established the existence of a landlord-tenant relationship and proved that rent was in arrears.
Judgment Evidence:
In the result, the petition is allowed under sections 11(2)(b) and 11(3) of the Act as follows; i. The respondent is hereby directed to put the petitioners in possession of the petition schedule building within 30 days from today.
Parties Involved
Plaintiffs
Mrs. Sheela Aby (69 years)
32/2594, Prathiksha, Mamangalam, Palarivattom P.O., PIN-682025
Dr. John Aby (49 years)
32/2594, Prathiksha, Mamangalam, Palarivattom P.O., PIN-682025
Defendants
Mr. Muhammed Fazil Basheer (36 years)
Managing Director M/s. AIMFIFLL INTERNATIONAL, Division of Dgito Technical Training Centre, Building No. 66/5702, 2nd floor, MG Road, Ernakulam, Kochi-682035
M/s. AIMFIFLL INTERNATIONAL (Age not specified years)
Division of Dgito Technical Training Centre, Building No. 66/5702, 2nd floor, MG Road, Ernakulam, Kochi-682035
Reliefs
Relief Type:
Eviction
Outcome:
Granted
Description:
The petitioners sought eviction of the respondent from the rented premises.
Evidence:
The petition is allowed under sections 11(2)(b) and 11(3) of the Act as follows; i. The respondent is hereby directed to put the petitioners in possession of the petition schedule building within 30 days from today.
Relief Type:
Cost
Outcome:
Granted
Description:
The petitioners sought the recovery of costs incurred during the proceedings.
Evidence:
Hence, the petitioner is entitled to get the costs.
Documents & Evidence
Document Type:
Lawyer's Notice
Submitted By:
Plaintiff
Relevance:
The notice informed the respondent about the demand for clearing rent arrears.
Reference:
Ext.A1
Document Type:
Postal Receipts
Submitted By:
Plaintiff
Relevance:
The receipts serve as proof of the attempts made to send notices to the respondent.
Reference:
Ext.A2 series
Document Type:
Returned Postal envelope
Submitted By:
Plaintiff
Relevance:
This envelope was returned unserved with endorsement 'Noticed', indicating delivery failure.
Reference:
Ext.A3
Document Type:
Returned Postal envelope
Submitted By:
Plaintiff
Relevance:
This envelope was returned as unclaimed, further demonstrating failed communication attempts.
Reference:
Ext.A4