Case Summary
The petitioner, Shamla P.B. and Muhammed Asif, seek eviction of the respondent, Muhammed Muneer, for failing to vacate the rented premises and for non-payment of rent. The case involves a lease agreement for a residential building that was violated by the respondent.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Eviction of the respondent from the petition scheduled building.
Case Type
Rent Control Petition
Final Judgment
No
The court allowed the petition and ordered the respondent to vacate the premises within 30 days. This decision was based on the failure of the respondent to comply with the rental agreement and mediation terms.
Why Plaintiff Won:
The petitioner sufficiently proved the violation of the rent agreement and the non-payment of rent.
The petitioner sufficiently proved the violation of the rent agreement and the non-payment of rent.
Losing Side's Weaknesses:
The petitioner sufficiently proved the violation of the rent agreement and the non-payment of rent.
The petitioner sufficiently proved the violation of the rent agreement and the non-payment of rent.
Supporting Evidence
Having considered the unchallenged oral testimony of PW1, it is evident that the petitioner and the respondent entered into a rent agreement with the respondent in respect of the petition schedule building for a period of 11 months from 01.04.2018. The case of the petitioner is that though, the respondent took the petition schedule building on rent for his residential purpose, he failed to pay the monthly rent as agreed upon.
Judgment Evidence:
In the result 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
- Shamla P.B.
- Party Age
- 40
- Party Role
- Plaintiff
- Party Name
- Muhammed Asif
- Party Role
- Defendant
- Party Name
- Muhammed Muneer
- Party Age
- 48
- Relation
- S/o
Plaintiffs Documents
Office Copy of the lawyer notice dated 15.07.2021, Postal receipt dated 02.03.2019
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- D.M. Nowfal
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- A.E. Abdul Kalam
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- K.C. Bineesh
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Eviction
Outcome:
Granted
Description:
The petitioner sought eviction of the respondent from the petition schedule building.
Evidence:
the petitioner is entitled to get an order of eviction as she prayed for.
Documents & Evidence
Document Type:
Lawyer Notice
Submitted By:
Plaintiff
Relevance:
The document is a lawyer notice sent by the petitioner demanding the arrears of rent and for the respondent to vacate the petition schedule building.
Reference:
Ext.A1
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
This is proof of the dispatch of the Ext.A1 lawyer notice.
Reference:
Ext.A2
Document Type:
Returned Cover
Submitted By:
Plaintiff
Relevance:
This document shows that the lawyer notice (Ext.A1) was returned unserved.
Reference:
Ext.A3
Case Classification
Case Type
Rent Control 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 Shamla P.B., Muhammed Asif vs Muhammed Muneer regarding eviction.
Case Code Year
Case between Shamla P.B., Muhammed Asif vs Muhammed Muneer regarding eviction.