Case Summary
Plaintiff, Ponnani Ma Oonathul Islam Association, filed a suit against defendant, K.T. Abdulla, seeking eviction, rent arrears, and damages for use and occupation of a wakf property.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Eviction, Rent Arrears Recovery, Damages for Use and Occupation
Case Type
Eviction - Rent Arrears - Damages
Final Judgment
No
The court granted the plaintiff's request for eviction, recovery of rent arrears, and damages for use and occupation of the wakf property.
Why Plaintiff Won:
The plaintiff proved the existence of the jural relationship of landlord and tenant, termination of tenancy through a lawyer notice complying with S.106 of the Transfer of Property Act, and the dues owed by the defendant.
The plaintiff proved the existence of the jural relationship of landlord and tenant, termination of tenancy through a lawyer notice complying with S.106 of the Transfer of Property Act, and the dues owed by the defendant.
Losing Side's Weaknesses:
Not available
Not available
Supporting Evidence
Case of the plaintiff is that since the plaint schedule property is a wakf property, the provisions of Kerala Building(Lease and Rent control) Act is not applicable to the plaint schedule property.
Judgment Evidence:
The suit is decreed as follows: The defendant is directed to put the plaintiff in vacant possession of the plaint schedule property within two months from today.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Ponnani Ma Oonathul Islam Association
- Relation
- Represented by Secretary Hamza Bin Jamal
- Party Role
- Defendant
- Party Name
- K.T. Abdulla
- Party Age
- 55
- Relation
- S/o. Muhammad
Plaintiffs Documents
Lawyer Notice dated 10-02-2014, Postal Receipt dated 10-02-2014, Acknowledgment Card dated 12-01-2013
Defendants Documents
Not available
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. M.P. Abdusameer
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sri. K. Mujeeb Rahiman
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Eviction
Outcome:
Granted
Description:
Eviction of defendant from the wakf property
Evidence:
The defendant is directed to put the plaintiff in vacant possession of the plaint schedule property within two months from today.
Relief Type:
Rent Arrears
Outcome:
Granted
Description:
Realization of Rs.24,916/- from the defendant and his assets towards the arrears of rent.
Evidence:
The plaintiff is allowed to realise Rs.24,916/- from the defendant and his assets towards the arrears of rent.
Relief Type:
Damages for Use and Occupation
Outcome:
Granted
Description:
Realization of Rs.1,250/- per month from the defendant and his assets towards damages for use and occupation from 10.3.2014 until delivery of possession.
Evidence:
The plaintiff is allowed to realise .1,250/- per month from the defendant and his assets towards damages for use and occupation of the plaint schedule property from 10.3.2014 till the delivery of possession of the property to the plaintiff.
Documents & Evidence
Document Type:
Lawyer Notice
Submitted By:
Plaintiff
Relevance:
Evidence of termination of tenancy
Reference:
A1: 10-02-2014
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
Proof of issuing lawyer notice
Reference:
A2: 10-02-2014
Document Type:
Acknowledgment card
Submitted By:
Plaintiff
Relevance:
Acknowledgment of receipt of lawyer notice by the defendant
Reference:
A3: 12-01-2013
Case Classification
Case Type
Eviction - Rent Arrears - Damages
Category
Eviction and Rent Control
District
Malappuram
State
Kerala
Court Establishment
Munsiff Court, Tirur / Rent Control Court
Common Reasons
Unpaid rent
Case Code
Case between Ponnani Ma Oonathul Islam Association vs K.T. Abdulla regarding eviction and rent arrears
Case Code Year
Case between Ponnani Ma Oonathul Islam Association vs K.T. Abdulla regarding eviction and rent arrears