Case Summary
Two separate eviction petitions were filed by Muhammed Basheer against Beeran and others, seeking vacant possession of a building for the occupation of his mother-in-law.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Direction to put the petitioner in vacant possession of the building within one month
Case Type
Eviction under Kerala Building (Lease and Rent Control) Act 1965
Final Judgment
No
The court granted the eviction petition under section 11(4)(i) and 11(4)(ii) of the Kerala Building (Lease and Rent Control) Act 1965.
Why Plaintiff Won:
The removal of the partition wall by the respondent caused material alteration and reduction in the value of the building, justifying eviction under section 11(4)(i).
The removal of the partition wall by the respondent caused material alteration and reduction in the value of the building, justifying eviction under section 11(4)(i).
Losing Side's Weaknesses:
Not available
Not available
Supporting Evidence
The case of the petitioner is that respondent removed the wall separating the petition schedule room, thereby reducing its value and utility materially and permanently. Evidence by the Advocates Commissioner supported the petitioner's claim.
Judgment Evidence:
In the result, the petition is allowed under section 11(4) (i) and 11(4) (ii) of the Kerala Building (Lease and Rent Control) Act 1965 as follows: a) The respondents are hereby directed to put the petitioner in vacant possession of the petition schedule building within one month from the date of order of this petition. b) The respondent shall pay the costs of the petition.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Muhammed Basheer
- Party Age
- 46
- Relation
- Son of Kainikkara Mammi, Wife of...
- Party Role
- Defendant
- Party Name
- Beeran
- Party Age
- 50
- Relation
- Son of Palappetty Muhammed
- Party Role
- Defendant
- Party Name
- Najeeb
- Party Age
- 40
- Relation
- Son of Ibrahim
Plaintiffs Documents
Copy of Lawyer Notice in RCP 23/2015, Reply Notice
Defendants Documents
Photocopies of Demand Drafts, Building Tax Receipt, Cash Receipts, Licenses, Registration Certificates, Letters
Advocates
Reliefs
Relief Type:
Eviction
Outcome:
Granted
Description:
Direction to put petitioner in vacant possession within one month
Evidence:
In the result, the petition is allowed under section 11(4) (i) and 11(4) (ii) of the Kerala Building (Lease and Rent Control) Act 1965 as follows: a) The respondents are directed to put the petitioner in vacant possession of the petition schedule building within one month from the date of order of this petition.
Documents & Evidence
Document Type:
Lawyer Notice
Submitted By:
Plaintiff
Relevance:
Used in the case against the Defendants.
Reference:
Copy of Lawyer Notice in RCP 23/2015
Document Type:
Photocopies of Demand Drafts, Building Tax Receipt
Submitted By:
Defendant
Relevance:
Submitted as evidence by the Defendants.
Reference:
Photocopies of Demand Drafts, Building Tax Receipt, Cash Receipts, Licenses, Registration Certificates, Letters
Case Classification
Case Type
Eviction under Kerala Building (Lease and Rent Control) Act 1965
Category
Eviction and Rent Control
District
Malappuram
State
Kerala
Court Establishment
Munsiff Court, Tirur / Rent Control Court
Common Reasons
Case Code
Case between Muhammed Basheer vs Beeran et al regarding eviction petition
Case Code Year
Case between Muhammed Basheer vs Beeran et al regarding eviction petition