Case Summary
The petitioners, Rukhia Beevi and her daughter Raheja, are seeking eviction of the respondent Navab from a rental property. The case involves arrears of rent dating back to May 2011 and claims of legal rights under the Kerala Building (Lease and Rent Control) Act, 1965.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Eviction of the respondent from the petition schedule building.
Case Type
Eviction
Final Judgment
No
The petition for eviction was allowed, granting the petitioners possession of the rented property and ordering the respondent to vacate within one month.
Why Plaintiff Won:
The petitioners demonstrated substantial evidence of arrears of rent and adherence to proper legal processes under the Kerala Building (Lease and Rent Control) Act.
The petitioners demonstrated substantial evidence of arrears of rent and adherence to proper legal processes under the Kerala Building (Lease and Rent Control) Act.
Losing Side's Weaknesses:
The petitioners demonstrated substantial evidence of arrears of rent and adherence to proper legal processes under the Kerala Building (Lease and Rent Control) Act.
The petitioners demonstrated substantial evidence of arrears of rent and adherence to proper legal processes under the Kerala Building (Lease and Rent Control) Act.
Supporting Evidence
I have meticulously gone through the evidence adduced by the 1st petitioner. The petitioners were entitled to get an order of eviction under Sections 11(2)(b), 11(3) of the Kerala Building (Lease and Rent Control) Act, 1965.
Judgment Evidence:
In the result, the petition was allowed on costs as follows: The petitioners/landlords were entitled to get an order of eviction of the respondent from the petition schedule building under Sections 11(2)(b), 11(3) of the Kerala Building (Lease and Rent Control) Act, 1965.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Rukhia Beevi
- Party Age
- 72
- Relation
- W/o
- Party Role
- Plaintiff
- Party Name
- Raheja @ Kingini
- Party Age
- 24
- Relation
- D/o
- Party Role
- Defendant
- Party Name
- Navab
- Party Age
- 50
- Relation
- S/o
Plaintiffs Documents
Original rent agreement dated 01.11.2008, Original rent agreement dated 28.10.2010, Advocate notice dated 06.12.2022.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- S.N.Jayachandran
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- D.Subhash Chandran
- Appearance Type
- Exparte
Reliefs
Relief Type:
Eviction
Outcome:
Granted
Description:
Eviction of the respondent from the petition schedule building.
Evidence:
The petitioners/landlords were entitled to get an order of eviction of the respondent from the petition schedule building under Sections 11(2)(b), 11(3) of the Kerala Building (Lease and Rent Control) Act, 1965.
Relief Type:
Costs
Outcome:
Granted
Description:
The petitioners were entitled to get costs from the respondent.
Evidence:
The petitioners were entitled to get costs from the respondent.
Documents & Evidence
Document Type:
Original rent agreement
Submitted By:
Plaintiff
Relevance:
Establishes the initial rental terms between the husband of the 1st petitioner and the respondent.
Reference:
Ext.A1
Document Type:
Original rent agreement
Submitted By:
Plaintiff
Relevance:
Establishes the rental terms after Abdulla's death between the first petitioner and the respondent.
Reference:
Ext.A2
Document Type:
True Copy of Advocate Notice
Submitted By:
Plaintiff
Relevance:
Notifies the respondent about the rent arrears and serves as evidence of the claim.
Reference:
Ext.A3
Document Type:
Original Postal receipt
Submitted By:
Plaintiff
Relevance:
Proof of sending the registered notice regarding the rent arrears.
Reference:
Ext.A4
Document Type:
Acknowledgment card
Submitted By:
Plaintiff
Relevance:
A document proving receipt of the registered notice.
Reference:
Ext.A5
Document Type:
Reply Notice
Submitted By:
Plaintiff
Relevance:
Respondent's response to the notice claiming wrongful allegations regarding rent.
Reference:
Ext.A6
Document Type:
Registered Will deed
Submitted By:
Plaintiff
Relevance:
Establishes the ownership of the property as per the petitioner.
Reference:
Ext.A7
Document Type:
Original pass book
Submitted By:
Plaintiff
Relevance:
Demonstrates the banking circumstances surrounding the rental payments.
Reference:
Ext.A8
Document Type:
Page of Pass book
Submitted By:
Plaintiff
Relevance:
Supplementing the Pass book entry.
Reference:
Ext.A8(a)
Document Type:
FD receipt
Submitted By:
Plaintiff
Relevance:
Financial statement related to the petitioner.
Reference:
Ext.A9
Document Type:
Authorization letter
Submitted By:
Plaintiff
Relevance:
Clarifies the second petitioner's rights to the property.
Reference:
Ext.A10
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Substantiates the court's decisions regarding the property.
Reference:
Ext.C1
Document Type:
Rough Sketch
Submitted By:
Court
Relevance:
Visual aid supporting the commission report.
Reference:
Ext.C1(a)
Document Type:
Rough Sketch
Submitted By:
Court
Relevance:
Visual aid supporting the commission report.
Reference:
Ext.C1(b)
Document Type:
Rough Sketch
Submitted By:
Court
Relevance:
Visual aid supporting the commission report.
Reference:
Ext.C1(c)
Case Classification
Case Type
Eviction
Category
Eviction and Rent Control
District
Kottayam
State
Kerala
Court Establishment
Munsiff Court Vaikom
Common Reasons
Non-payment of rent
Case Code
RCP.
Case Code Year
2023