Case Summary
The petitioner, Chemmangatt Palli House Abdul Salam, seeks eviction of the respondent, K. P. Basheer, on grounds of non-occupation and damage to the property. The respondent claims he has not ceased to occupy the property and contests the allegations made by the petitioner.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The respondent is directed to put the petitioner in vacant possession of the petition schedule building and to pay costs of the proceedings.
Case Type
Rent Control Petition
Final Judgment
No
The court found in favor of the petitioner, allowing the eviction of the respondent due to non-occupation and damage to the property.
Why Plaintiff Won:
The petitioner successfully proved that the respondent ceased to occupy the building for more than 6 months and the property was materially damaged.
The petitioner successfully proved that the respondent ceased to occupy the building for more than 6 months and the property was materially damaged.
Losing Side's Weaknesses:
The petitioner successfully proved that the respondent ceased to occupy the building for more than 6 months and the property was materially damaged.
The petitioner successfully proved that the respondent ceased to occupy the building for more than 6 months and the property was materially damaged.
Supporting Evidence
The petitioner has been successful in proving that the respondent-tenant has used the building in such a manner so as to reduce its value materially and permanently.
Judgment Evidence:
In the result, the rent control petition is allowed under Section 11 (4) (ii) and section 11 (4) (v) of the Kerala Buildings (Lease and Rent Control) Act 1965.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Chemmangatt Palli House Abdul Salam
- Party Age
- 58
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- K. P. Basheer
- Party Age
- 55
- Relation
- S/o
Plaintiffs Documents
Deed No.1737/2018, Building tax receipt dated 07.09.2018, Building tax receipt dated 28.07.2021, Notice dated 30.10.2018.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. K. P. Mayan
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Sreeraj. P. N
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Eviction
Outcome:
Granted
Description:
Petitioner is entitled to an order of eviction under Section 11 (4) (ii) and Section 11 (4) (v) of the Act.
Evidence:
In view of the foregoing discussion, this court is of the considered view that the petitioner is entitled to an order of eviction under Section 11 (4)(ii) and section 11 (4)(v) of the Kerala Buildings (Lease and Rent Control) Act 1965.
Relief Type:
Costs
Outcome:
Granted
Description:
The respondent is directed to pay costs of the proceedings to the petitioner.
Evidence:
The normal rule is that cost shall follow event.
Documents & Evidence
Document Type:
Notice
Submitted By:
Plaintiff
Relevance:
Show that the electricity connection of the petition schedule building is dismantled.
Reference:
Ext.A1
Document Type:
Building Tax Receipt
Submitted By:
Plaintiff
Relevance:
Issued by Kozhikode Corporation.
Reference:
Ext.A2
Document Type:
Property Tax Receipt
Submitted By:
Plaintiff
Relevance:
Issued by Kozhikode Municipal Corporation Revenue department.
Reference:
Ext.A3
Document Type:
Deed
Submitted By:
Plaintiff
Relevance:
Deed No.1737/2018 of SRO Meenchanda.
Reference:
Ext.A4
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Report submitted by the Advocate Commissioner.
Reference:
Ext.C1
Document Type:
Sketch
Submitted By:
Court
Relevance:
Sketch by Advocate Commissioner.
Reference:
Ext.C1(a)
Document Type:
CD
Submitted By:
Court
Relevance:
CD related to the commission report.
Reference:
Ext.C1(b)
Document Type:
Photographs
Submitted By:
Court
Relevance:
Photographs submitted by Advocate Commissioner.
Reference:
Ext.C1(c), Ext.C1(d), Ext.C1(e)
Document Type:
Bill
Submitted By:
Court
Relevance:
Bill related to the commission report.
Reference:
Ext.C1(h)
Case Classification
Case Type
Rent Control Petition
Category
Eviction and Rent Control
District
Kozhikode
State
Kerala
Court Establishment
Munsiff Court 2 Kozhikode
Common Reasons
Case Code
Case between Chemmangatt Palli House Abdul Salam vs K. P. Basheer regarding eviction under Kerala Buildings (Lease and Rent Control) Act
Case Code Year
Case between Chemmangatt Palli House Abdul Salam vs K. P. Basheer regarding eviction under Kerala Buildings (Lease and Rent Control) Act