Case Summary
Puthooril Pocker Haji filed a suit against Mulamukkil Anil for eviction and recovery of damages for use and occupation of a rented room. The plaintiff claims that the defendant has not paid rent for 10 months and is causing damage to the property.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Vacant possession of the plaint schedule shop room and damages for use and occupation at Rs.1000/- per month from 21.01.2016.
Case Type
Civil Suit
Final Judgment
No
Why Plaintiff Won:
The court found the notice terminating the tenancy to be valid, and the defendant's claims regarding rent payment were not substantiated.
The court found the notice terminating the tenancy to be valid, and the defendant's claims regarding rent payment were not substantiated.
Judgment Evidence:
In the result, the suit is decreed as follows: 1. The defendant is directed to give vacant possession of the plaint schedule shop room to the plaintiff within 2 months from the date of judgment. 2. The plaintiff is allowed to realise damages for use and occupation at the rate of Rs.1000/- per month from 21.01.2016 till the plaintiff get vacant possession of the plaint schedule shop room from the defendant. 3. The plaintiff is entitled to realise the entire costs of the proceedings from the defendant or from his assets.
Parties Involved
Plaintiffs
Puthooril Pocker Haji (68 years)
Puthooril House, Mannarakkal, Ponmundam
Ayoob (Age not specified years)
Defendants
Mulamukkil Anil (40 years)
Room No. 27, Ward No.12, Ayyaya, Post Vellachal, Pin: 676 106, Tirur Taluk
Reliefs
Relief Type:
Eviction
Outcome:
Granted
Description:
Plaintiff sought eviction of the defendant from the shop room
Evidence:
The defendant is directed to give vacant possession of the plaint schedule shop room to the plaintiff within 2 months from the date of judgment.
Relief Type:
Damages
Outcome:
Granted
Description:
Plaintiff sought damages for use and occupation at the rate of Rs.1000/- per month
Evidence:
The plaintiff is allowed to realise damages for use and occupation at the rate of Rs.1000/- per month from 21.01.2016 till the plaintiff get vacant possession of the plaint schedule shop room from the defendant.
Relief Type:
Other
Outcome:
Granted
Description:
Plaintiff sought costs of the proceedings from the defendant
Evidence:
Hence the plaintiff is entitled to realise the entire costs of the proceedings from the defendant or from his assets.
Documents & Evidence
Document Type:
Lawyer Notice
Submitted By:
Plaintiff
Relevance:
Notice sent by the plaintiff terminating the tenancy
Reference:
Ext.A1
Document Type:
Deed of Admission, Retirement and Reconstitution
Submitted By:
Plaintiff
Relevance:
Relevant document supporting the plaintiff's case
Reference:
Ext.A2
Document Type:
Certificate of BBA
Submitted By:
Plaintiff
Relevance:
Document related to the plaintiff's qualifications
Reference:
Ext.A3
Document Type:
Certificate of MBA
Submitted By:
Plaintiff
Relevance:
Document related to the plaintiff's qualifications
Reference:
Ext.A4
Document Type:
Licence
Submitted By:
Defendant
Relevance:
Document evidencing the defendant's business operations
Reference:
Ext.B1
Document Type:
Treatment Certificate
Submitted By:
Defendant
Relevance:
Document supporting the defendant's health condition
Reference:
Ext.B2
Document Type:
Prescription
Submitted By:
Defendant
Relevance:
Documents supporting the defendant's medical treatment
Reference:
Ext.B3 to B5
Document Type:
Money Order Receipts
Submitted By:
Defendant
Relevance:
Documents showing payment of rent by the defendant
Reference:
Ext.B6 to B37