RCP 120/2020

Case between Suharabi et al vs Vadakke Illath Hafsa regarding eviction under Kerala Buildings (Lease and Rent Control) Act.

Court

Munsiff-II, Kozhikode

Judge

Smt. Savitha.T.P

Order Date

2025-11-29

Duration

Case Code No.

120

Case Closed

Judgement document from eCourt website

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Case Summary

The petitioners, Suharabi and others, are seeking eviction of the respondent, Vadakke Illath Hafsa, for non-payment of rent and for their bona fide need to start a supermarket. The respondent claims to have paid the rent and disputes the petitioners' need.

Judgment Outcome

Plaintiff Won

Interim Order

The court found in favor of the petitioners, granting eviction of the respondent due to non-payment of rent and their bona fide need for the premises.

Judgment Favored

Plaintiff

Relief Granted

Eviction of the respondent from the petition schedule shop room.

Case Type

Eviction

Final Judgment

The court found in favor of the petitioners, granting eviction of the respondent due to non-payment of rent and their bona fide need for the premises.

Why Plaintiff Won:
The petitioners proved the need for the premises to start a supermarket and established the respondent's default in rent payment.

Losing Side's Weaknesses:
Not available

Supporting Evidence

The petitioners have successfully established their bona fide need of the petition schedule shop rooms for commencing a supermarket business.

Judgment Evidence:

In the result, RCP 120/20 is allowed u/s.11(2)(b) and 11(3) of the Act. The respondent is directed to surrender vacant possession of the room within two months from the date of this order.

Parties Involved

Parties

Party Role: Plaintiff
Party Name: Suharabi
Party Age: 55
Relation: D/o

Party Role: Plaintiff
Party Name: Ramlabi
Party Age: 51
Relation: D/o

Party Role: Plaintiff
Party Name: Sherifa
Party Age: 50
Relation: D/o

Party Role: Plaintiff
Party Name: Asheera@Haseena
Party Age: 44
Relation: D/o

Party Role: Plaintiff
Party Name: Thesleena
Party Age: 41
Relation: D/o

Party Role: Defendant
Party Name: Vadakke Illath Hafsa
Party Age: 47
Relation: D/o

Party Role: Defendant
Party Name: Palatt Parambil Muhammed Shareef
Party Age: 52
Relation: S/o

Party Role: Defendant
Party Name: Keeriyadath Kandi Siyali
Party Age: 73
Relation: S/o

Party Role: Defendant
Party Name: K. P. Vijayan
Relation: S/o

Plaintiffs Documents

Lawyer notices, Postal Receipts, Acknowledgment Cards.

Defendants Documents

Reply Notices, Postal Receipts, Acknowledgment Cards.

Advocates

Party Role: Plaintiff
Advocate Name: Sri. K. K. Krishna Kumar
Appearance Type: Main Counsel

Party Role: Plaintiff
Advocate Name: Smt. Vandana Venugopalan
Appearance Type: Main Counsel

Party Role: Plaintiff
Advocate Name: Sri. Arjun Pradeep. V
Appearance Type: Main Counsel

Party Role: Defendant
Advocate Name: Sri. A. V. Anwar
Appearance Type: Main Counsel

Party Role: Defendant
Advocate Name: Sri. P. K. Sreedharan
Appearance Type: Main Counsel

Party Role: Defendant
Advocate Name: Sri. P. K. Vijayan
Appearance Type: Main Counsel

Party Role: Defendant
Advocate Name: Smt. Dayana. K.
Appearance Type: Main Counsel

Reliefs

Relief Type: Eviction

Outcome: Granted

Description:

Eviction of the respondent from the petition schedule shop room.

Evidence:

RCP 120/20 is allowed u/s.11(2)(b) and 11(3) of the Act.

Relief Type: Eviction

Outcome: Granted

Description:

Eviction of the respondent from the petition schedule shop room.

Evidence:

RCP 121/2020 is allowed u/s.11(2)(b) and 11(3) and 11(4)(ii) of the Act.

Relief Type: Eviction

Outcome: Granted

Description:

Eviction of the respondent from the petition schedule shop room.

Evidence:

RCP 124/2020 is allowed u/s.11(2)(b) and 11(3) and 11(4)(ii) of the Act.

Relief Type: Eviction

Outcome: Granted

Description:

Eviction of the respondent from the petition schedule shop room.

Evidence:

RCP 125/20 is allowed u/s.11(2)(b) and 11(3) of the Act.

Documents & Evidence

Document Type: Lawyer Notice

Submitted By: Plaintiff

Relevance:

Issued to the respondent seeking arrears of rent and for getting vacant possession of the shop room.

Reference:

Ext.A1

Document Type: Postal receipt

Submitted By: Plaintiff

Relevance:

Proof of sending the lawyer notice.

Reference:

Ext.A1(a)

Document Type: Acknowledgment card

Submitted By: Plaintiff

Relevance:

Confirmation of receipt of the lawyer notice.

Reference:

Ext.A1(b)

Document Type: Reply Notice

Submitted By: Plaintiff

Relevance:

Respondent's reply to the lawyer notice.

Reference:

Ext.A2

Document Type: Lawyer Notice

Submitted By: Plaintiff

Relevance:

Issued to the respondent in RCP 121/20 seeking arrears of rent.

Reference:

Ext.A3

Document Type: Postal receipt

Submitted By: Plaintiff

Relevance:

Proof of sending the lawyer notice in RCP 121/20.

Reference:

Ext.A3(a)

Document Type: Acknowledgment card

Submitted By: Plaintiff

Relevance:

Confirmation of receipt of the RCP 121/20 lawyer notice.

Reference:

Ext.A3(b)

Document Type: Reply Notice

Submitted By: Plaintiff

Relevance:

Respondent's reply to the lawyer notice in RCP 121/20.

Reference:

Ext.A4

Document Type: Lawyer Notice

Submitted By: Plaintiff

Relevance:

Issued to the respondent in RCP 124/20 seeking arrears of rent.

Reference:

Ext.A5

Document Type: Postal receipt

Submitted By: Plaintiff

Relevance:

Proof of sending the lawyer notice in RCP 124/20.

Reference:

Ext.A5(a)

Document Type: Acknowledgment card

Submitted By: Plaintiff

Relevance:

Confirmation of receipt of the RCP 124/20 lawyer notice.

Reference:

Ext.A5(b)

Document Type: Reply Notice

Submitted By: Plaintiff

Relevance:

Respondent's reply to the lawyer notice in RCP 124/20.

Reference:

Ext.A6

Document Type: Lawyer Notice

Submitted By: Plaintiff

Relevance:

Issued to the respondent in RCP 125/20 seeking arrears of rent.

Reference:

Ext.A7

Document Type: Postal receipt

Submitted By: Plaintiff

Relevance:

Proof of sending the lawyer notice in RCP 125/20.

Reference:

Ext.A7(a)

Document Type: Acknowledgment card

Submitted By: Plaintiff

Relevance:

Confirmation of receipt of the RCP 125/20 lawyer notice.

Reference:

Ext.A7(b)

Document Type: Reply Notice

Submitted By: Plaintiff

Relevance:

Respondent's reply to the lawyer notice in RCP 125/20.

Reference:

Ext.A8

Document Type: Counter Foil Book Receipt

Submitted By: Plaintiff

Relevance:

Proof of the counter foil receipt for rent.

Reference:

Ext.A9

Document Type: Reply Notice

Submitted By: Defendant

Relevance:

Respondent's response to the notice issued in RCP 120/20.

Reference:

Ext.B1

Document Type: Postal receipt

Submitted By: Defendant

Relevance:

Proof of sending the reply notice in RCP 120/20.

Reference:

Ext.B1(a)

Document Type: Acknowledgment card

Submitted By: Defendant

Relevance:

Confirmation of receipt of the reply notice in RCP 120/20.

Reference:

Ext.B1(b)

Case Classification

Case Type

Eviction

Case between Suharabi et al vs Vadakke Illath Hafsa regarding eviction under Kerala Buildings (Lease and Rent Control) Act.

Judgement document from eCourt website

Case Summary

Judgment Outcome

Judgment Evidence:

Parties Involved

Parties

Advocates

Reliefs

Documents & Evidence

Case Classification

Quick Facts

Involved Entities

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