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
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.
The petitioner's claims were established through unrebutted evidence.
Losing Side's Weaknesses:
The petitioner's claims were established through unrebutted evidence.
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