Case Summary
Ruksana, the petitioner, seeks eviction of Najumudeen for non-payment of rent. The counter petitioner defaulted on monthly rent payments, leading to a petition for recovery of arrears and eviction.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Eviction of the counter petitioner with time to pay arrears.
Case Type
Eviction Petition
Final Judgment
No
The court ordered the eviction of Najumudeen, granting Ruksana possession of the schedule shop room. Najumudeen was given time to pay the arrears of rent to avoid eviction.
Why Plaintiff Won:
The petitioner demonstrated entitlement to eviction under section 11(2)(b) due to non-payment of rent.
The petitioner demonstrated entitlement to eviction under section 11(2)(b) due to non-payment of rent.
Losing Side's Weaknesses:
The petitioner demonstrated entitlement to eviction under section 11(2)(b) due to non-payment of rent.
The petitioner demonstrated entitlement to eviction under section 11(2)(b) due to non-payment of rent.
Supporting Evidence
The evidence of the petitioner coupled with Exts.A1 to A6 would prove the case of the petitioner.
Judgment Evidence:
Counter petitioner is directed to put the petitioner in possession of the schedule shop room U/s 11(2)(b) of the Act.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Ruksana
- Relation
- D/o
- Party Role
- Defendant
- Party Name
- Najumudeen
- Relation
- S/o
Plaintiffs Documents
Agreement Deed of License, Photocopy of Deed, Office copy of Legal Notice, Photocopy of Postal Receipt, Photocopy of Acknowledgment Card, Certified copy of Settlement Deed.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Mayyanad M.S.Jayan
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Pallimon R.Manoj Kumar
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Eviction
Outcome:
Granted
Description:
Order to evict the counter petitioner from the schedule shop room.
Evidence:
Counter petitioner is directed to put the petitioner in possession of the schedule shop room U/s 11(2)(b) of the Act.
Relief Type:
Recovery
Outcome:
Granted
Description:
Petitioner entitled to recover arrears of rent from the counter petitioner.
Evidence:
Petitioner is entitled to realise the cost of the proceedings from the respondent.
Relief Type:
Interim Relief
Outcome:
Granted
Description:
Delay in execution of eviction order for one month to allow tenant to pay arrears.
Evidence:
The order passed under clause 1 shall not be executed for a period of one month from today...
Documents & Evidence
Document Type:
Agreement Deed of License
Submitted By:
Plaintiff
Relevance:
Proves the rental agreement and obligations of the counter petitioner.
Reference:
Ext.A1
Document Type:
Deed
Submitted By:
Plaintiff
Relevance:
Documents the terms regarding the roof portion of the building.
Reference:
Ext.A2
Document Type:
Legal Notice
Submitted By:
Plaintiff
Relevance:
Shows the demand for overdue rent and serves as a reminder for payment.
Reference:
Ext.A3
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
Confirms that the legal notice was sent and received.
Reference:
Ext.A4
Document Type:
Acknowledgment card
Submitted By:
Plaintiff
Relevance:
Confirms receipt of the legal notice by the counter petitioner.
Reference:
Ext.A5
Document Type:
Settlement Deed
Submitted By:
Plaintiff
Relevance:
Establishes the ownership of the petitioner over the property.
Reference:
Ext.A6
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 Ruksana vs Najumudeen regarding eviction under Kerala Building (Lease and Rent Control) Act, 1965.
Case Code Year
Case between Ruksana vs Najumudeen regarding eviction under Kerala Building (Lease and Rent Control) Act, 1965.