Case Summary
NEDUMPARAMBIL BESSY and her siblings, the petitioners, are seeking eviction of VALLIL JAMAL for default in rent payment and closing the shop rooms. The petition alleges multiple failures by the respondent to pay the agreed rent and maintain the premises.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Eviction of the respondent from the petition schedule shop rooms
Case Type
Rent Control Petition
Final Judgment
No
The Rent Control Petition is allowed, granting eviction of the respondent for not adhering to the lease agreement and for failure to pay rent. The court also ordered the respondent to pay the costs of the proceedings.
Why Plaintiff Won:
The petitioners proved entitlement for relief under multiple sections of the Kerala Building (Lease and Rent Control) Act.
The petitioners proved entitlement for relief under multiple sections of the Kerala Building (Lease and Rent Control) Act.
Losing Side's Weaknesses:
The petitioners proved entitlement for relief under multiple sections of the Kerala Building (Lease and Rent Control) Act.
The petitioners proved entitlement for relief under multiple sections of the Kerala Building (Lease and Rent Control) Act.
Supporting Evidence
The petitioners have complied with the statutory formalities contemplated u/s. 11 (2) (b) and provided evidence of default in rent payment by the respondent.
Judgment Evidence:
The RCP is allowed u/s. 11(2)(b), 11 (4) (III) and 11 (4) (V) of the Kerala Building (Lease and Rent Control) Act and the respondent is directed to put the landlord in vacant possession of the petition schedule shop rooms within a period of one month from the date of the order.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- NEDUMPARAMBIL BESSY
- Party Age
- 52
- Relation
- D/o
- Party Role
- Plaintiff
- Party Name
- NEDUMPARAMBIL DENNAN
- Party Age
- 52
- Relation
- S/o
- Party Role
- Plaintiff
- Party Name
- NEDUMPARAMBIL LOPUS
- Party Age
- 50
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- VALLIL JAMAL
- Relation
- S/o
Plaintiffs Documents
Certified copy of Power of Attorney of Bessy, Acknowledgment card, Copy of Lawyer Notice issued by Adv. A. Santhosh to the respondent
Defendants Documents
Postal receipt.
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. A. Santhosh
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sri. K. K. Anilraj
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
The petitioners are awarded the amount of arrears due from the respondent.
Evidence:
The respondent is liable to pay ₹1,42,525 towards the rent arrears as on 31.03.2019.
Relief Type:
Eviction
Outcome:
Granted
Description:
The respondent is directed to vacate the petition schedule shop rooms.
Evidence:
The respondent is directed to put the landlord in vacant possession of the petition schedule shop rooms within a period of one month from the date of the order.
Documents & Evidence
Document Type:
Power of Attorney
Submitted By:
Plaintiff
Relevance:
This document establishes the power of attorney granted by the first petitioner to the third petitioner to act on her behalf.
Reference:
Ext.A1
Document Type:
Acknowledgment card
Submitted By:
Plaintiff
Relevance:
This document serves as evidence of the notice sent to the respondent regarding the rent arrears.
Reference:
Ext.A2
Document Type:
Lawyer Notice
Submitted By:
Plaintiff
Relevance:
This document is the notice sent to the respondent demanding payment of rent arrears.
Reference:
Ext.A2(b)
Document Type:
Receipt book
Submitted By:
Plaintiff
Relevance:
This document provides evidence of payments made by the respondent for rent.
Reference:
Ext.A3
Document Type:
Assessment Register
Submitted By:
Plaintiff
Relevance:
This document shows that the respondent has other shop rooms in their possession.
Reference:
Ext.A7
Document Type:
Assessment Register
Submitted By:
Plaintiff
Relevance:
This document further supports the claim that the respondent holds other properties.
Reference:
Ext.A8
Document Type:
Commission Report
Submitted By:
Court
Relevance:
This report shows the condition of the petition schedule shop rooms and their occupancy status.
Reference:
Ext.C1
Document Type:
Commission Report
Submitted By:
Court
Relevance:
This report provides further evidence regarding the state of the petition schedule shop rooms.
Reference:
Ext.C2
Document Type:
Commission Report
Submitted By:
Court
Relevance:
This report corroborates the findings of previous reports about the shop rooms being closed.
Reference:
Ext.C3
Document Type:
Postal receipt
Submitted By:
Defendant
Relevance:
These receipts serve as evidence of payments attempted by the respondent.
Reference:
B1 (Series)
Case Classification
Case Type
Rent Control Petition
Category
Eviction and Rent Control
District
Kozhikode
State
Kerala
Court Establishment
Munsiff Court, Nadapuram
Common Reasons
Non-payment of rent
Case Code
Case between NEDUMPARAMBIL BESSY et al vs VALLIL JAMAL regarding lease and rent control
Case Code Year
Case between NEDUMPARAMBIL BESSY et al vs VALLIL JAMAL regarding lease and rent control