Case Summary
Siddique, the petitioner, seeks eviction of P. Musthafa for non-payment of rent for a commercial property. The petitioner requires the premises for his wife's business and claims significant rent arrears.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Respondent directed to vacate premises and pay costs.
Case Type
Rent Control Petition
Final Judgment
No
Why Plaintiff Won:
The petitioner provided sufficient evidence of rent arrears and bona fide need.
The petitioner provided sufficient evidence of rent arrears and bona fide need.
Judgment Evidence:
In the result, The petition is allowed u/s 11(2)(b) and 11(3) of the Act with costs as follows:- 1.The respondent/tenant is directed to put the landlord/petitioner in possession of the petition schedule building within 30 days from today.
Parties Involved
Plaintiffs
Siddique (65 years years)
Poovathil(H), Thrikkakkara North Village, Kanayannoor Taluk, V. P. Marakar Road, Edappally P O-682024
Defendants
P. Musthafa (54 years years)
Purakka (H), Aram Mile, Anjukunnu P.O., Manathavady, Wyanad-670645
Reliefs
Relief Type:
Possession
Outcome:
Granted
Description:
The respondent is directed to put the petitioner in possession of the petition schedule building.
Evidence:
The respondent/tenant is directed to put the landlord/petitioner in possession of the petition schedule building within 30 days from today.
Relief Type:
Other
Outcome:
Granted
Description:
The petitioner is entitled to get the costs of the petition from the respondent.
Evidence:
The petitioner is entitled to get the costs of the petition from the respondent.
Documents & Evidence
Document Type:
Original rent agreement
Submitted By:
Plaintiff
Relevance:
Establishes the terms of the lease and arrears of rent.
Reference:
Ext.A1
Document Type:
Copy of Lawyer's notice
Submitted By:
Plaintiff
Relevance:
Documents the legal demand for payment and notice to vacate.
Reference:
Ext.A2
Document Type:
Original Returned Envelope with Acknowledgment Card
Submitted By:
Plaintiff
Relevance:
Shows the tenant's intent to evade legal action.
Reference:
Ext.A3
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Supports the petitioner's claim regarding the necessity of premises.
Reference:
Ext.C1