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RENT CONTROL PETITION NO. 42 OF 2018

Case between Muhammed Shakkir vs K.P.Raheem regarding possession of shop room

Court
COURT OF THE RENT CONTROL OF TIRUR
Judge
Sri. JANKISH NARAYANAN
Order Date
2019-08-20
Duration
Case Closed

Judgement document from eCourt website

Judgment Document
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Case Summary

Muhammed Shakkir filed a petition against K.P.Raheem for possession of a shop room. The petitioner claims the respondent has failed to pay the agreed license fee and has ceased to occupy the premises.

Judgment Outcome

Plaintiff Won
Interim Order
The court has allowed the petition, directing the respondent to vacate the shop room and pay the costs of the petition to the petitioner.
Judgment Favored
Plaintiff
Relief Granted
The respondent is directed to give vacant possession of the shop room to the petitioner within 2 months.
Case Type
Rent Control Petition
Final Judgment
No
The court has allowed the petition, directing the respondent to vacate the shop room and pay the costs of the petition to the petitioner.
Why Plaintiff Won:
The relationship between the parties was established as landlord and tenant, supporting the petitioner's claim.
Losing Side's Weaknesses:
The relationship between the parties was established as landlord and tenant, supporting the petitioner's claim.
Supporting Evidence
Since the respondent remained ex parte, the evidence adduced by the petitioners remained unchallenged. I find no reason to disbelieve PW1. I am satisfied that the relationship between the parties to be of landlord and tenant.

Judgment Evidence:

In the result, the petition is allowed with cost, as follows: 1. The respondent is hereby directed to give vacant possession of the petition schedule shop room to the Petitioner within 2 months from today.

Parties Involved

Parties

Party Role
Plaintiff
Party Name
Muhammed Shakkir
Party Age
26
Relation
S/o
Party Role
Defendant
Party Name
K.P.Raheem
Party Age
33
Relation
S/o
Plaintiffs Documents
Returned notice, Licence agreement dated 1-2-2016, Licence agreement dated 5-3-2011, Copy of Lawyer Notice dated 23-7-2018
Defendants Documents

Advocates

Party Role
Plaintiff
Advocate Name
Sri. K.P.Shereef
Appearance Type
Main Counsel
Party Role
Plaintiff
Advocate Name
Smt.Preetha.P
Appearance Type
Main Counsel
Party Role
Plaintiff
Advocate Name
Smt.Mumthas.K.K.
Appearance Type
Main Counsel

Reliefs

Relief Type: Possession
Outcome: Granted
Description:
The respondent is directed to give vacant possession of the petition schedule shop room to the Petitioner.
Evidence:
The respondent is hereby directed to give vacant possession of the petition schedule shop room to the Petitioner within 2 months from today.
Relief Type: Other
Outcome: Granted
Description:
The respondent shall pay the costs of the petition to the Petitioner.
Evidence:
The costs shall follow the event, hence the respondent shall pay the costs of the petition to the Petitioner.

Documents & Evidence

Document Type: Returned notice
Submitted By: Plaintiff
Relevance:
The returned notice was mentioned as not received by the respondent, which is part of the basis for the petition.
Reference:
Ext.A1
Document Type: Licence agreement
Submitted By: Plaintiff
Relevance:
This document was referred to as the renewed agreement which established the license fee.
Reference:
Ext.A2
Document Type: Licence agreement
Submitted By: Plaintiff
Relevance:
This document was indicated as the original licence agreement related to the shop room.
Reference:
Ext.A3
Document Type: Copy of Lawyer Notice
Submitted By: Plaintiff
Relevance:
This notice was mentioned as the termination notice issued to the respondent for unpaid license fees.
Reference:
Ext.A4
Document Type: Commission Report
Submitted By: Court
Relevance:
This report was submitted by the Advocate Commissioner as part of the court's consideration.
Reference:
Ext.C1
Document Type: Commission Plan
Submitted By: Court
Relevance:
This plan was submitted alongside the commission report for the court's review.
Reference:
Ext.C2

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
Non-payment of rent
Case Code
Case between Muhammed Shakkir vs K.P.Raheem regarding possession of shop room
Case Code Year
Case between Muhammed Shakkir vs K.P.Raheem regarding possession of shop room

Quick Facts

Location
Tirur
District
Malappuram
State
Kerala
Court Establishment
Munsiff Court, Tirur / Rent Control Court
Case Filed
Case Closed
From
Thu, 08/01/2019 - 12:00
To
Sat, 08/31/2019 - 12:00
Outcome Confidence
85%

Involved Entities

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