Case Summary
Muhammedkutty filed a petition under Kerala Buildings (Lease and Rent Control) Act, 1965 against Aboobacker seeking eviction due to unpaid rent and need for own business. Evidence favored Muhammedkutty.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Vacant possession of the petition schedule building to the petitioner within three months
Case Type
Rent Control Petition
Final Judgment
No
Why Plaintiff Won:
Judgment Evidence:
null
Parties Involved
Plaintiffs
Muhammedkutty (55 years years)
Chelakkottil House, Edayur amsom & Post, Athipatta desom, Tirur Taluk, PIN 676 552
Defendants
Aboobacker (46 years years)
Mattathu House, Ananthavoor amsom, Konnallur desom, Tirur Taluk, Kuttippuram amsom desom & Post
Reliefs
Relief Type:
Eviction
Outcome:
Granted
Description:
Petitioner entitled to vacant possession of building
Evidence:
Court order under Sections 11 (2) (b), 11 (3), 11 (4)(ii) and 11 (4) (iii) of the Kerala Building (Lease and Rent Control) Act, 1965
Relief Type:
Eviction
Outcome:
Partly Granted
Description:
Order under Section 11 (2) (b) to be vacated on deposit of arrears of rent
Evidence:
Court order under Sections 11 (2) (b), 11 (3), 11 (4)(ii) and 11 (4) (iii) of the Kerala Building (Lease and Rent Control) Act, 1965
Relief Type:
Costs
Outcome:
Granted
Description:
Petitioner entitled to realize costs of the petition from the respondent
Evidence:
Court decision based on the normal rule
Documents & Evidence
Document Type:
Lawyer Notice
Submitted By:
Plaintiff
Relevance:
Notice demanding arrears of rent and enhancement of rent
Reference:
Ext.A1
Document Type:
Reply Notice
Submitted By:
Plaintiff
Relevance:
Respondent's reply to the notice with contentions
Reference:
Ext.A2
Document Type:
Photo copy of Jenm Assignment Deed
Submitted By:
Plaintiff
Relevance:
Document proving ownership of the building
Reference:
Ext.A3
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Reports and sketches submitted by Advocate Commissioner
Reference:
Ext.C1 to C4