Case Summary
Thaivacha Madamballi Kunhammadi Haji is the landlord and Neelamparambath Mammootty is the tenant. The case involves the realization of arrears of rent amounting to Rs. 6,80,000/- for a duration of 34 months.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The defendant is directed to pay Rs. 6,80,000/- with interest at 9% per annum and the costs of the suit.
Case Type
Civil Suit
Final Judgment
No
The court decreed the suit, ordering the defendant to pay Rs. 6,80,000/- to the plaintiff with interest, while also dismissing the counter claim.
Why Plaintiff Won:
The plaintiff proved the landlord-tenant relationship and the default in rent payment was established by the defendant’s own admissions.
The plaintiff proved the landlord-tenant relationship and the default in rent payment was established by the defendant’s own admissions.
Losing Side's Weaknesses:
The plaintiff proved the landlord-tenant relationship and the default in rent payment was established by the defendant’s own admissions.
The plaintiff proved the landlord-tenant relationship and the default in rent payment was established by the defendant’s own admissions.
Supporting Evidence
The defendant admitted the landlord-tenant relationship and the default in payment of rent for 34 months.
Judgment Evidence:
In the result, the suit is decreed with costs and the counter claim is dismissed with costs.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Thaivacha Madamballi Kunhammadi Haji
- Party Age
- 65
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Neelamparambath Mammootty
- Party Age
- 58
- Relation
- S/o
Plaintiffs Documents
Rent Kaychit Agreement, Lawyer Notice, Assignment Deed.
Defendants Documents
Orders from Rent Control Petition, Certified copies of orders from the Additional District Judge and Rent Controller.
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. P. Balagopalan
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Smt. Mini. K. Koyeri
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Sri. P. Arun Kumar
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Smt. Vijisha Palentavida
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sri. K. P. Pradeepan
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff to recover arrears of rent amounting to Rs.6,80,000/- from the defendant.
Evidence:
The plaintiff is entitled to realize the rent arrears from the defendant with the interest asked by the plaintiff from 01.10.2020 to 31.07.2023 for 34 months at Rs.6,80,000/- rupees with 9% per annum.
Relief Type:
Eviction
Outcome:
Not Decided
Description:
The suit also concerns eviction of the defendant due to non-payment of rent.
Evidence:
Reliefs and costs?
Relief Type:
Other
Outcome:
Dismissed
Description:
Counter claim by the defendant is dismissed.
Evidence:
The counter claim asked by the defendant is denied and is not proved before this court.
Documents & Evidence
Document Type:
Rent Kaychit Agreement
Submitted By:
Plaintiff
Relevance:
This document outlines the lease agreement between the plaintiff and defendant.
Reference:
Ext.A1
Document Type:
Lawyer Notice
Submitted By:
Plaintiff
Relevance:
This document serves as a formal notice sent to the defendant regarding the lease.
Reference:
Ext.A2
Document Type:
Assignment Deed
Submitted By:
Plaintiff
Relevance:
This document is a certified copy of the assignment deed relevant to the case.
Reference:
Ext.A3
Document Type:
Order
Submitted By:
Defendant
Relevance:
This document is a certified copy of the order made by the District Judge regarding a related appeal.
Reference:
Ext.B1
Document Type:
Order
Submitted By:
Defendant
Relevance:
This document is a certified copy of the Rent Control petition order by the Munsiff.
Reference:
Ext.B2
Document Type:
Order
Submitted By:
Defendant
Relevance:
This document is a certified copy of an interim order in the Rent Control petition.
Reference:
Ext.B3
Document Type:
Assessment Register
Submitted By:
Defendant
Relevance:
This document is a copy of a relevant page of the assessment register of the local Panchayat.
Reference:
Ext.B4
Document Type:
Rent Control Petition
Submitted By:
Defendant
Relevance:
This document relates to the petition filed by the plaintiff in the Rent Control Court.
Reference:
Ext.B5
Document Type:
License and Permission Register
Submitted By:
Defendant
Relevance:
This document is a certified copy of the license and permission register of the local Panchayat.
Reference:
Ext.B6
Case Classification
Case Type
Civil Suit
Category
Eviction and Rent Control
District
Kozhikode
State
Kerala
Court Establishment
Munsiff Court, Nadapuram
Common Reasons
Non-payment of rent
Case Code
Case between Thaivacha Madamballi Kunhammadi Haji vs Neelamparambath Mammootty regarding arrears of rent
Case Code Year
Case between Thaivacha Madamballi Kunhammadi Haji vs Neelamparambath Mammootty regarding arrears of rent