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ORIGINAL SUIT No. 63 OF 2016

Case between Puthooril Pocker Haji vs Mulamukkil Anil regarding eviction and damages for use and occupation

Court
COURT OF THE MUNSIFF OF TIRUR
Judge
Smt.NIMMI.K.K.
Order Date
2019-03-30
Duration
3 years 21 days
Case Closed

Judgement document from eCourt website

Judgment Document
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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

Plaintiff Won
Interim Order
The court decreed the suit in favor of the plaintiff, ordering the defendant to vacate the rented room and pay damages for use and occupation.
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
The court decreed the suit in favor of the plaintiff, ordering the defendant to vacate the rented room and pay damages for use and occupation.
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.
Losing Side's Weaknesses:
Not available
Supporting Evidence
The court found that the notice is a valid one and terminated the tenancy. The defendant is not entitled to continue his occupation in the plaint schedule shop room after terminating the tenancy period.

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

Parties

Party Role
Plaintiff
Party Name
Puthooril Pocker Haji
Party Age
68
Relation
S/o
Party Role
Plaintiff
Party Name
Ayoob
Relation
Son
Party Role
Defendant
Party Name
Mulamukkil Anil
Party Age
40
Relation
S/o
Plaintiffs Documents
Lawyer notice dated 2-1-2016, Deed of Admission, Retirement and Reconstitution, Certificate of BBA, Certificate of MBA
Defendants Documents
Licence issued from Ozhur Grama Panchayath, Treatment Certificate, Various MO Receipts

Advocates

Party Role
Plaintiff
Advocate Name
Sri. M.K.Moosakutty
Appearance Type
Main Counsel
Party Role
Defendant
Advocate Name
Sri.Suresh.A.Alingal
Appearance Type
Main Counsel

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

Case Classification

Case Type
Civil Suit
Category
Eviction and Rent Control
District
Malappuram
State
Kerala
Court Establishment
Munsiff Court, Tirur / Rent Control Court
Common Reasons
Non-payment of rent
Case Code
Case between Puthooril Pocker Haji vs Mulamukkil Anil regarding eviction and damages for use and occupation
Case Code Year
Case between Puthooril Pocker Haji vs Mulamukkil Anil regarding eviction and damages for use and occupation

Quick Facts

Location
Tirur, Kerala
District
Malappuram
State
Kerala
Court Establishment
Munsiff Court, Tirur / Rent Control Court
Case Filed
Fri, 02/12/2016 - 12:00
Case Closed
From
Fri, 03/01/2019 - 12:00
To
Sun, 03/31/2019 - 12:00
Outcome Confidence
90%

Involved Entities

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