Case Summary
The petitioners, SAYID and others, are seeking to evict the respondent, CHIRAYIL M. ABDULLA, for non-payment of rent for a shop room. The petitioners require the shop for a new business venture.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Eviction of the respondent from the shop room
Case Type
Rent Control Petition
Final Judgment
No
The petition to evict the respondent from the shop room is allowed due to non-payment of rent. The respondent is directed to vacate the shop room within one month.
Why Plaintiff Won:
The petitioners demonstrated compliance with the legal requirements for eviction and the respondent was absent.
The petitioners demonstrated compliance with the legal requirements for eviction and the respondent was absent.
Losing Side's Weaknesses:
The petitioners demonstrated compliance with the legal requirements for eviction and the respondent was absent.
The petitioners demonstrated compliance with the legal requirements for eviction and the respondent was absent.
Supporting Evidence
As per Ext.A3 Acknowledgment card it is revealed that, the notice has been received by the respondent. However, he has neither given any reply nor paid the defaulted amount as per the lawyer notice.
Judgment Evidence:
In the result, an order of eviction is passed u/s. 11(2)(b) and 11(3) of the Act. The respondent is directed to vacate the petition schedule shop room and to hand over the same to the petitioners within a period of one month from the date of this order.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- SAYID
- Party Age
- 50
- Relation
- S/o
- Party Role
- Plaintiff
- Party Name
- HAJARA
- Party Age
- 47
- Relation
- D/o
- Party Role
- Plaintiff
- Party Name
- HAKKIM
- Party Age
- 41
- Relation
- S/o
- Party Role
- Plaintiff
- Party Name
- JABIR
- Party Age
- 47
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- CHIRAYIL M. ABDULLA
- Party Age
- 66
- Relation
- S/o
Plaintiffs Documents
Copy of Lawyer Notice sent by Adv. Abdul Latheef. V. K to Chirayil Abdulla, Postal Receipt, Postal Acknowledgment Card signed by Abdulla
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. Abdul Latheef
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Eviction
Outcome:
Granted
Description:
An order of eviction is passed against the respondent for non-payment of rent.
Evidence:
In the result, an order of eviction is passed u/s. 11(2)(b) and 11(3) of the Act.
Documents & Evidence
Document Type:
Copy of Lawyer Notice
Submitted By:
Plaintiff
Relevance:
The document served as a statutory notice indicating the non-payment of rent.
Reference:
Ext.A1
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
This document served as proof of sending the statutory notice.
Reference:
Ext.A2
Document Type:
Postal Acknowledgment Card
Submitted By:
Plaintiff
Relevance:
This document confirmed the receipt of the statutory notice by the respondent.
Reference:
Ext.A3
Case Classification
Case Type
Rent Control Petition
Category
Eviction and Rent Control
District
Kozhikode
State
Kerala
Court Establishment
Munsiff Court, Nadapuram
Common Reasons
Non-payment of rent
Case Code
Case between SAYID et al vs CHIRAYIL M. ABDULLA regarding eviction from shop room
Case Code Year
Case between SAYID et al vs CHIRAYIL M. ABDULLA regarding eviction from shop room