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
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).
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
Plaintiffs
Muhammed Basheer (46 years)
Thekkan Kuttoor, amsom desom, Tirur Taluk
Defendants
Beeran (50 years)
Palappetty Muhammed, Tirur amsom Kott desom, Tirur Taluk
Najeeb (40 years)
Ibrahim, Palappetty (H), Tirur amsom Kott desom, Tirur Taluk
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