Case Summary
The case involves a landlord, Pradeep Naik, seeking eviction of tenants M.Nabeesa Beevi and Siyad due to non-payment of rent since March 2020. The tenants contested the eviction on grounds of ownership of the property.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Eviction of the counter petitioners.
Case Type
Eviction Petition
Final Judgment
No
The court granted the eviction petition allowing the landlord to regain possession of the property due to non-payment of rent. The tenants were also directed to pay costs.
Why Plaintiff Won:
The petitioner established a valid landlord-tenant relationship and proved non-payment of rent.
The petitioner established a valid landlord-tenant relationship and proved non-payment of rent.
Losing Side's Weaknesses:
Not available
Not available
Supporting Evidence
The issuance of a valid demand notice, followed by non-compliance for more than two months, attracts the provision under section 11(2)(b) of the Act, warranting eviction.
Judgment Evidence:
In the result, an order is passed on the following terms. i) Counter petitioners are directed to put the petitioner in possession of the petition schedule building U/s 11(2)(b) of the Act.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Pradeep Naik
- Party Age
- 60
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- M.Nabeesa Beevi
- Party Age
- 70
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Siyad
- Party Age
- 45
- Relation
- S/o
Plaintiffs Documents
08-02-2017 Lease Deed, 21-04-2022 Office copy of Demand Notice.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- V.Sugathan
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- R.Geetha
- Appearance Type
- Assisting Counsel
- Party Role
- Plaintiff
- Advocate Name
- Ajayaghosh.S.
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- M.S.Jayan
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Eviction
Outcome:
Granted
Description:
Petitioner sought eviction of the counter petitioners from the shop room.
Evidence:
Point No.1 is accordingly answered infavour of the petitioner.
Relief Type:
Costs
Outcome:
Granted
Description:
Petitioner entitled to costs of the proceedings from the counter petitioners.
Evidence:
Counter petitioners are liable to pay costs of the proceedings.
Documents & Evidence
Document Type:
Lease Deed
Submitted By:
Plaintiff
Relevance:
Establishes the landlord-tenant relationship and rental terms.
Reference:
Ext.A1
Document Type:
Office copy of demand notice
Submitted By:
Plaintiff
Relevance:
Serves as a formal demand for payment of arrears of rent.
Reference:
Ext.A2
Document Type:
Postal Receipts
Submitted By:
Plaintiff
Relevance:
Evidence of mailing the demand notice.
Reference:
Ext.A3 Series
Document Type:
Acknowledgment Cards
Submitted By:
Plaintiff
Relevance:
Confirms receipt of the demand notice by the counter petitioners.
Reference:
Ext.A4 Series
Document Type:
Rent Deed
Submitted By:
Plaintiff
Relevance:
Further provides evidence of rental agreements.
Reference:
Ext.A5
Document Type:
Building Tax Receipt
Submitted By:
Plaintiff
Relevance:
Demonstrates payment of tax by the landlord.
Reference:
Ext.A6
Document Type:
Receipts Books
Submitted By:
Plaintiff
Relevance:
Records of rent payments received.
Reference:
Ext.A7 Series
Document Type:
Building Tax Receipts
Submitted By:
Plaintiff
Relevance:
Additional proof of tax payments related to the property.
Reference:
Ext.A8 Series
Document Type:
Notice of Demand for Payment of Arrears of Rent
Submitted By:
Plaintiff
Relevance:
Formal notice regarding overdue rent payments.
Reference:
Ext.A9 Series
Case Classification
Case Type
Eviction Petition
Category
Eviction and Rent Control
District
Kollam
State
Kerala
Court Establishment
Munsiff Court Kollam
Common Reasons
Non-payment of rent
Case Code
Case between Pradeep Naik vs M.Nabeesa Beevi et al regarding eviction.
Case Code Year
Case between Pradeep Naik vs M.Nabeesa Beevi et al regarding eviction.