Case Summary
Nida Fathima filed a Rent Control Petition against Sulaiha and others to evict them from a shop room due to non-payment of rent and subletting issues. The court found in favor of the petitioner based on the presented evidence.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Eviction order granted against the respondents.
Case Type
Rent Control Petition
Final Judgment
No
The court allowed the petition based on the default in rent payment and unauthorized subletting. An order of eviction was granted to the petitioner.
Why Plaintiff Won:
The petitioner complied with the requirements under the relevant sections of the Kerala Buildings (Lease and Rent Control) Act and showed bona fide need.
The petitioner complied with the requirements under the relevant sections of the Kerala Buildings (Lease and Rent Control) Act and showed bona fide need.
Losing Side's Weaknesses:
The petitioner complied with the requirements under the relevant sections of the Kerala Buildings (Lease and Rent Control) Act and showed bona fide need.
The petitioner complied with the requirements under the relevant sections of the Kerala Buildings (Lease and Rent Control) Act and showed bona fide need.
Supporting Evidence
The need projected by the petitioner is not challenged by the respondents since they are proceeded exparte. Therefore, the petitioner is entitled to get the benefit of protection under section 11(3) of the Act on the ground of bonafide need.
Judgment Evidence:
In the result, an order of eviction is passed u/s. 11(2)(b), 11(3) and 11(4)(i) of the Act. The respondents are directed to vacate the petition schedule shop room and to hand over the same to the petitioner within a period of one month from the date of this order.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- NIDA FATHIMA
- Party Age
- 18
- Relation
- D/o
- Party Role
- Defendant
- Party Name
- SULAIKHA
- Party Age
- 55
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- THALHATH
- Party Age
- 32
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- HAFSATH
- Party Age
- 30
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- NASRATH
- Party Age
- 28
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- MUHAMMAD FAISAN
- Party Age
- 33
- Relation
- S/o
Plaintiffs Documents
Copy of Lawyer Notice, Basic Tax Receipt, Ownership Certificate, Building Tax Receipt, Assessment Register.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. P. Balagopalan
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Smt. Mini. K. Koyeri
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Sri. P. Arun Kumar
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Eviction
Outcome:
Granted
Description:
Eviction of the respondents from the shop room.
Evidence:
In the result, an order of eviction is passed u/s. 11(2)(b), 11(3) and 11(4)(i) of the Act.
Documents & Evidence
Document Type:
Lawyer Notice
Submitted By:
Plaintiff
Relevance:
The lawyer notice sent by the petitioner's advocate to the respondents.
Reference:
Ext.A1
Document Type:
Postal Acknowledgment Card
Submitted By:
Plaintiff
Relevance:
Acknowledgment of receiving the lawyer notice signed by Nusrath.
Reference:
Ext.A1 (a)
Document Type:
Postal Acknowledgment Card
Submitted By:
Plaintiff
Relevance:
Acknowledgment of receiving the lawyer notice signed by Nusrath.
Reference:
Ext.A1 (b)
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
Postal receipt related to the lawyer notice.
Reference:
Ext.A1 (c)
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
Postal receipt related to the lawyer notice.
Reference:
Ext.A1 (d)
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
Postal receipt related to the lawyer notice.
Reference:
Ext.A1 (e)
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
Postal receipt related to the lawyer notice.
Reference:
Ext.A1 (f)
Document Type:
Reply Notice
Submitted By:
Plaintiff
Relevance:
The reply notice sent by the petitioner's advocate to the respondents.
Reference:
Ext.A2
Document Type:
Settlement Deed
Submitted By:
Plaintiff
Relevance:
Settlement deed establishing ownership of the shop room.
Reference:
Ext.A3
Document Type:
Tax receipt
Submitted By:
Plaintiff
Relevance:
Basic tax receipt issued to confirm ownership.
Reference:
Ext.A4
Document Type:
Ownership Certificate
Submitted By:
Plaintiff
Relevance:
Certificate proving ownership issued by the Panchayat.
Reference:
Ext.A5
Document Type:
Building Tax Receipt
Submitted By:
Plaintiff
Relevance:
Building tax receipt confirming the ownership.
Reference:
Ext.A6
Document Type:
Building Tax Receipt
Submitted By:
Plaintiff
Relevance:
Building tax receipt confirming the ownership.
Reference:
Ext.A7
Document Type:
Assessment Register
Submitted By:
Plaintiff
Relevance:
Assessment register confirming the ownership.
Reference:
Ext.A8
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 NIDA FATHIMA vs SULAIKHA et al regarding eviction from shop room.
Case Code Year
Case between NIDA FATHIMA vs SULAIKHA et al regarding eviction from shop room.