Case Summary
The petitioners, Salam and others, filed for eviction of the respondent, C.M. Subair, due to non-payment of rent since January 2015. The case revolves around a lease agreement for a shop room and the arrears owed by the tenant.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The respondent is directed to put the landlord/petitioner in possession of the petition schedule building within 30 days.
Case Type
Eviction Petition
Final Judgment
No
The court allowed the petition for eviction, directing the respondent to vacate the property within 30 days.
Why Plaintiff Won:
The petition was found maintainable despite non-joinder of necessary parties, as the remaining heirs raised no claim over the property.
The petition was found maintainable despite non-joinder of necessary parties, as the remaining heirs raised no claim over the property.
Losing Side's Weaknesses:
The petition was found maintainable despite non-joinder of necessary parties, as the remaining heirs raised no claim over the property.
The petition was found maintainable despite non-joinder of necessary parties, as the remaining heirs raised no claim over the property.
Supporting Evidence
Considering the contentions raised by the respondent and also oral testimony of PW1 it would show that the petition schedule building was in the name of father of the petitioners. Hence, the contentions raised by the respondent fail.
Judgment Evidence:
The petition is allowed with costs as follows. The respondent/tenant is directed to put the landlord/petitioner in possession of the petition schedule building under Section 11(2)(b) of the Act within 30 days from today.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Salam
- Party Age
- 54
- Relation
- S/o
- Party Role
- Plaintiff
- Party Name
- Saly
- Party Age
- 50
- Relation
- S/o
- Party Role
- Plaintiff
- Party Name
- Sakeer
- Party Age
- 46
- Relation
- S/o
- Party Role
- Plaintiff
- Party Name
- Sameer
- Party Age
- 41
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- C.M. Subair
- Party Age
- 50
- Relation
- S/o
Plaintiffs Documents
Office copy of Lawyer Notice, Postal Receipts, Acknowledgement card, Reply notice
Defendants Documents
NEFT Receipt (4nos.) from April 2019 to October 2019, Copy of letter sent along with cheque for rent arrears.
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Joby Jacob Pulickekudy
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Ancy T.
- Appearance Type
- Assisting Counsel
- Party Role
- Plaintiff
- Advocate Name
- Fathima Sulfath N.B.
- Appearance Type
- Assisting Counsel
- Party Role
- Plaintiff
- Advocate Name
- Dajish John
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- K.G. Cleetus
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Peterlal Murimatto
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Eviction
Outcome:
Granted
Description:
Eviction of the tenant from the petition schedule building.
Evidence:
The petition is allowed with costs.
Documents & Evidence
Document Type:
Lawyer Notice
Submitted By:
Plaintiff
Relevance:
The notice demanded payment of rent arrears.
Reference:
Ext.A1
Document Type:
Postal Receipts
Submitted By:
Plaintiff
Relevance:
Evidence of sending the lawyer notice.
Reference:
Ext.A2
Document Type:
Acknowledgement Card
Submitted By:
Plaintiff
Relevance:
Confirmed receipt of the lawyer notice.
Reference:
Ext.A3
Document Type:
Reply Notice
Submitted By:
Plaintiff
Relevance:
The respondent's reply to the lawyer notice.
Reference:
Ext.A4
Document Type:
NEFT Receipts
Submitted By:
Defendant
Relevance:
Proof of rent payment made through NEFT.
Reference:
Ext.B1
Document Type:
Copy of letter sent along with cheque
Submitted By:
Defendant
Relevance:
Letter evidencing payment towards rent arrears.
Reference:
Ext.B2
Document Type:
Copy of letter sent along with cheque
Submitted By:
Defendant
Relevance:
Additional evidence of rent payment.
Reference:
Ext.B3
Document Type:
Copy of letter sent along with cheque
Submitted By:
Defendant
Relevance:
Further evidence of rent payment.
Reference:
Ext.B4
Case Classification
Case Type
Eviction Petition
Category
Eviction and Rent Control
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Common Reasons
Non-payment of rent
Case Code
Case between Salam et al vs C.M. Subair regarding eviction under the Kerala Buildings (Lease and Rent Control) Act, 1965
Case Code Year
Case between Salam et al vs C.M. Subair regarding eviction under the Kerala Buildings (Lease and Rent Control) Act, 1965
Case Flags
Cheque-Related Case
Nature of Cheque Case
Cheque issued towards legally enforceable debt