Skip to main content
Niyamam AI Niyamam AI

Main navigation

  • Home
  • Lawyer Login
  • Lawyer Registration
  • About us
  • Contact
R.C.P. No. 98/2023

Case between Noufal vs Abhilash K.V. regarding rent arrears and eviction

Court
THE COURT OF THE THIRD ADDL. MUNSIFF & RENT CONTROLLER
Judge
SMT. REEJA R. NAIR.
Order Date
2024-12-12
Duration
approximately-4 years 10 months
Case Closed

Judgement document from eCourt website

Judgment Document
Save Case Find Similar Cases

Case Summary

Noufal, the petitioner, is seeking eviction of Abhilash K.V., the respondent, for non-payment of rent since May 2019 and for breaching lease terms. The case involves a rental dispute under the Kerala Buildings (Lease & Rent Control) Act.

Judgment Outcome

Plaintiff Won
Interim Order
The court has allowed the petition for eviction and ordered the respondent to vacate the premises within 30 days. The petitioner is also entitled to recover costs from the respondent.
Judgment Favored
Plaintiff
Relief Granted
The respondent is directed to put the landlord/petitioner in possession of the petition schedule building within 30 days.
Case Type
Rent Control Petition
Final Judgment
No
The court has allowed the petition for eviction and ordered the respondent to vacate the premises within 30 days. The petitioner is also entitled to recover costs from the respondent.
Why Plaintiff Won:
The petitioner's claims were established through unrebutted evidence.
Losing Side's Weaknesses:
The petitioner's claims were established through unrebutted evidence.
Supporting Evidence
The unrebutted oral testimony of PW1 and Exts. A1 and A6 established petitioners case as pleaded by them.

Judgment Evidence:

In the result, The petition is allowed u/s 11(2)(b) and 11(4)(i) of the Act with costs as follows:- 1.The respondent is directed to put the landlord/petitioner in possession of the petition schedule building within 30 days from today.

Parties Involved

Parties

Party Role
Plaintiff
Party Name
Noufal
Party Age
46
Relation
S/o
Party Role
Defendant
Party Name
Abhilash K.V.
Party Age
46
Relation
S/o
Plaintiffs Documents
Original power of attorney, Original of the Lease Deed, Copy of Lawyer's notice, Original returned postal covers as unclaimed by the respondent
Defendants Documents

Advocates

Party Role
Plaintiff
Advocate Name
T.H. Abdul Azees
Appearance Type
Main Counsel
Party Role
Plaintiff
Advocate Name
K.P. Majeed
Appearance Type
Main Counsel
Party Role
Plaintiff
Advocate Name
Muhammed Sadique
Appearance Type
Main Counsel
Party Role
Plaintiff
Advocate Name
V. Shanker
Appearance Type
Main Counsel

Reliefs

Relief Type: Possession
Outcome: Granted
Description:
The respondent is directed to put the landlord/petitioner in possession of the petition schedule building within 30 days.
Evidence:
The petition is allowed u/s 11(2)(b) and 11(4)(i) of the Act with costs.

Documents & Evidence

Document Type: Power of Attorney
Submitted By: Plaintiff
Relevance:
Original power of attorney filed in support of the petitioner's case.
Reference:
Ext.A1
Document Type: Lease Deed
Submitted By: Plaintiff
Relevance:
Original lease deed dated 05.02.2015 submitted as evidence.
Reference:
Ext.A2
Document Type: Lawyer's Notice
Submitted By: Plaintiff
Relevance:
Copy of lawyer's notice dated 28.12.2022 that was issued to the respondent.
Reference:
Ext.A3
Document Type: Postal Covers
Submitted By: Plaintiff
Relevance:
Original returned postal covers as unclaimed by the respondent, submitted as evidence.
Reference:
Ext.A4 series
Document Type: Postal Covers
Submitted By: Plaintiff
Relevance:
Original returned postal covers as unclaimed along with A/D card, submitted in evidence.
Reference:
Ext.A5 series
Document Type: Reply Notice
Submitted By: Plaintiff
Relevance:
Original reply notice dated 17.08.2024 accepted and marked in evidence.
Reference:
Ext.A6

Case Classification

Case Type
Rent Control Petition
Category
Eviction and Rent Control
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Common Reasons
Non-payment of rent
Case Code
Case between Noufal vs Abhilash K.V. regarding rent arrears and eviction
Case Code Year
Case between Noufal vs Abhilash K.V. regarding rent arrears and eviction

Quick Facts

Location
ERNAKULAM
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Case Filed
Sun, 02/05/2023 - 12:00
Case Closed
From
Sun, 12/01/2024 - 12:00
To
Tue, 12/31/2024 - 12:00
Outcome Confidence
85%

Involved Entities

Similar Cases

Case between N.X. Joseph Jason vs Noble George regarding eviction and rent fixation
THE COURT OF THE THIRD ADDL. MUNSIFF & RENT CONTROLLER, ERNAKULAM
Rent Control Petition Plaintiff Won
Case between P.R. Babu vs Reethamma Lonappan et al regarding eviction under Section 5(1) of the Kerala Buildings (Lease and Rent Control) Act.
Court of the Third Addl. Munsiff & Rent Controller, Ernakulam
Rent Control Petition Plaintiff Won
Case between Kandathil Mathew Oommen vs Eljove C. Chummar regarding compliance with rent arrears.
THE COURT OF THE THIRD ADDL. MUNSIFF & RENT CONTROLLER
Rent Control Petition Plaintiff Won
Case between Mr. Renji Cherian et al vs Mr. Mohammed Saheer Sirajudeen et al regarding eviction from rented property.
COURT OF THE THIRD ADDL. MUNSIFF & RENT CONTROLLER
Rent Control Petition Plaintiff Won
Case between P.B Gopalakrishnan vs Ms. Dilshana Siyad regarding Rent Control Petition
COURT OF THE THIRD ADDL. MUNSIFF & RENT CONTROLLER
Rent Control Petition Plaintiff Won