Case Summary
The petitioners, Sidhique and others, are seeking eviction of the respondent, Dineshan, from a shop room owned by them. The respondent has been in arrears of rent and has sublet the premises without permission.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Eviction of the respondent from the shop room and costs awarded to the petitioners
Case Type
Rent Control Petition
Final Judgment
No
The court allowed the eviction petition filed by the petitioners, ordering the respondent to vacate the shop room and pay the costs of the petition.
Why Plaintiff Won:
The petitioners provided reliable evidence of the respondent's failure to pay rent and unauthorized subletting.
The petitioners provided reliable evidence of the respondent's failure to pay rent and unauthorized subletting.
Losing Side's Weaknesses:
The petitioners provided reliable evidence of the respondent's failure to pay rent and unauthorized subletting.
The petitioners provided reliable evidence of the respondent's failure to pay rent and unauthorized subletting.
Supporting Evidence
Since the respondent remained ex parte, the evidence adduced by the petitioners remained unchallenged. I find no reason to disbelieve PW1. Therefore, I am satisfied that the petitioners have proved their case by adducing cogent and reliable evidence.
Judgment Evidence:
In the result, the petition is allowed with cost, as follows: 1 The respondent is hereby directed to give vacant possession of the petition schedule shop room to the Petitioners within 2 months from today.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Sidhique
- Party Age
- 57
- Relation
- S/o
- Party Role
- Plaintiff
- Party Name
- Raheem
- Party Age
- 55
- Relation
- S/o
- Party Role
- Plaintiff
- Party Name
- Farooque
- Party Age
- 45
- Relation
- S/o
- Party Role
- Plaintiff
- Party Name
- Asharaf
- Party Age
- 50
- Relation
- S/o
- Party Role
- Plaintiff
- Party Name
- Sabiya
- Party Age
- 52
- Relation
- D/o
- Party Role
- Defendant
- Party Name
- Dineshan
- Party Age
- 50
- Relation
- S/o
Plaintiffs Documents
Copy of Lawyer Notice, Undelivered notice, Acknowledgment card
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri.T.R.Vijayan
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Eviction
Outcome:
Granted
Description:
Directed the respondent to give vacant possession of the petition schedule shop room to the Petitioners.
Evidence:
The respondent is hereby directed to give vacant possession of the petition schedule shop room to the Petitioners within 2 months from today.
Relief Type:
Costs
Outcome:
Granted
Description:
The respondent shall pay the costs of the petition to the Petitioners.
Evidence:
The costs shall follow the event, hence the respondent shall pay the costs of the petition to the Petitioners.
Documents & Evidence
Document Type:
Lawyer Notice
Submitted By:
Plaintiff
Relevance:
Shows the landlord-tenant relationship between the petitioners and the respondent.
Reference:
Ext.A1
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Reported the condition of the shop room during inspection.
Reference:
Ext.C1
Document Type:
Commission Plan
Submitted By:
Court
Relevance:
Provided a visual representation related to the commission report.
Reference:
Ext.C2
Case Classification
Case Type
Rent Control Petition
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 Sidhique et al vs Dineshan regarding eviction
Case Code Year
Case between Sidhique et al vs Dineshan regarding eviction