Case Summary
V.Doraswami, the petitioner, seeks eviction of Najeeb, the respondent, due to structural modifications made without consent which he claims diminish the value and utility of the premises. The court finds in favor of the petitioner.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Eviction of the respondent from the premises within two months and payment of costs.
Case Type
Rent Control Petition
Final Judgment
No
The court allowed the eviction petition, directing the respondent to vacate the premises within two months.
Why Plaintiff Won:
The respondent made structural modifications that materially and permanently reduced the value and utility of the premises.
The respondent made structural modifications that materially and permanently reduced the value and utility of the premises.
Losing Side's Weaknesses:
The respondent made structural modifications that materially and permanently reduced the value and utility of the premises.
The respondent made structural modifications that materially and permanently reduced the value and utility of the premises.
Supporting Evidence
The changing of the shutter into a glass door is a structural change affecting the value and utility of the building materially and permanently.
Judgment Evidence:
In the result, RCP is allowed under Section 11(4)(ii) of KBLR Act as follows: 1) The respondent is hereby directed to put the petitioner in possession of the petition schedule shop room within a period of two months from today, failing which the petitioners can execute this order by due process of the Court.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- V.Doraswami
- Party Age
- 86
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Najeeb
- Party Age
- 60
- Relation
- S/o
Plaintiffs Documents
Copy of lease agreement entered into between V.Doraswamy and C.K.Najeeb, Photographs.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. V.Sreenath
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sri.T.V.Abdul Raouf
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Eviction
Outcome:
Granted
Description:
The petitioner requested eviction of the respondent from the leased premises due to unauthorized structural modifications.
Evidence:
The point is found in favour of the petitioner.
Relief Type:
Costs
Outcome:
Granted
Description:
The petitioner sought costs for the petition.
Evidence:
That the respondent shall pay the costs of the petition.
Documents & Evidence
Document Type:
Lease Agreement
Submitted By:
Plaintiff
Relevance:
This document establishes the terms of the lease between the petitioner and the respondent.
Reference:
Ext.A1
Document Type:
Photograph
Submitted By:
Plaintiff
Relevance:
These photographs illustrate the state of the premises and the alterations made by the respondent.
Reference:
Ext.A2, A2(a), A3, A3(a), A3(b), A3(c)
Document Type:
Commission Report
Submitted By:
Court
Relevance:
This report contains findings related to the structural modifications done by the respondent and their impact on the property.
Reference:
Ext.C1
Case Classification
Case Type
Rent Control Petition
Category
Eviction and Rent Control
District
Kozhikode
State
Kerala
Court Establishment
Munsiff Court 1 Kozhikode
Common Reasons
Structural modifications without consent
Case Code
Case between V.Doraswami vs Najeeb regarding eviction under Section 11(4)(ii) of KBLR Act.
Case Code Year
Case between V.Doraswami vs Najeeb regarding eviction under Section 11(4)(ii) of KBLR Act.