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
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.
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.
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