Case Summary
Saidalavi seeks eviction of respondent Abdul Wahid.C. for non-payment of arrears and subletting the building, stating bonafide need for his own occupation.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Eviction of respondent from the shop rooms
Case Type
Eviction under Kerala Building Lease & Rent Control Act
Final Judgment
No
Saidalavi allowed to evict Abdul Wahid.C. from the shop rooms within three months for non-payment of arrears and subletting.
Why Plaintiff Won:
The respondent remained exparte and did not disprove the non-payment of arrears since 01.05.2014.
The respondent remained exparte and did not disprove the non-payment of arrears since 01.05.2014.
Losing Side's Weaknesses:
The respondent remained exparte and did not disprove the non-payment of arrears since 01.05.2014.
The respondent remained exparte and did not disprove the non-payment of arrears since 01.05.2014.
Supporting Evidence
Since the respondent remained exparte no evidence is adduced so as to disprove his case. So it can be seen that the respondent has not paid any rent after 01.05.2014.
Judgment Evidence:
In the result, petition is allowed; Directing the respondent herein to give vacant possession of the shop rooms to the petitioner within three months from the date of this order under Section 11 (2)(b) and 11(3) of the Act.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Saidalavi
- Party Age
- 24
- Relation
- S/o Mohamedkutty
- Party Role
- Defendant
- Party Name
- Abdul Wahid.C.
- Relation
- S/o Abdullakutty
Plaintiffs Documents
Copy of Registered Lawyer Notice, Postal Receipt, Acknowledgment Card, Reply Notice
Defendants Documents
Not available
Advocates
Reliefs
Relief Type:
Eviction
Outcome:
Granted
Description:
Eviction of respondent from the shop rooms
Evidence:
In the result, petition is allowed; Directing the respondent herein to give vacant possession of the shop rooms to the petitioner within three months from the date of this order under Section 11 (2)(b) and 11(3) of the Act.
Documents & Evidence
Document Type:
Copy of Registered Lawyer Notice
Submitted By:
Plaintiff
Relevance:
Proof of notice sent to respondent regarding non-payment of arrears
Reference:
A1(a)
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
Receipt confirmation of notice sent to respondent
Reference:
A1(b)
Document Type:
Acknowledgment card
Submitted By:
Plaintiff
Relevance:
Acknowledgment of receipt from respondent for notice sent
Reference:
A1(c)
Document Type:
Reply Notice
Submitted By:
Plaintiff
Relevance:
Response from the respondent regarding the notice
Reference:
A2
Case Classification
Case Type
Eviction under Kerala Building Lease & Rent Control Act
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 Saidalavi vs Abdul Wahid.C. regarding eviction under Kerala Building Lease & Rent Control Act
Case Code Year
Case between Saidalavi vs Abdul Wahid.C. regarding eviction under Kerala Building Lease & Rent Control Act