Case Summary
Abdul Nazer and Aboobacker Haji petitioned to evict Soman from a building they own, as Soman was not using it properly. Soman argued against the eviction, claiming he depended on the building for his livelihood.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Vacant possession of the building to be given to the petitioners within three months
Case Type
Rent Control Petition
Final Judgment
No
Why Plaintiff Won:
Petitioners proved the need for eviction with reliable and unchallenged evidence
Petitioners proved the need for eviction with reliable and unchallenged evidence
Judgment Evidence:
The petition is allowed under Sections 11 (3), 11 (4) (ii) and 11 (4) (iii) of the Kerala Building (Lease and Rent Control) Act, 1965.
Parties Involved
Plaintiffs
Abdul Nazer (39 Years years)
PO. Koottayi, Tirur Taluk, PIN 676 562
Aboobacker Haji (Age not specified years)
PO. Koottayi, Tirur Taluk, PIN 676 562
Defendants
Soman (47 Years years)
PO. Koottayi, Tirur Taluk, PIN 676 562
Reliefs
Relief Type:
Eviction
Outcome:
Granted
Description:
To give vacant possession of the building to the petitioner within three months
Evidence:
The petition is allowed under Sections 11 (3), 11 (4) (ii) and 11 (4) (iii) of the Kerala Building (Lease and Rent Control) Act, 1965
Relief Type:
Recovery
Outcome:
Not Decided
Description:
To realize the costs of the petition from the respondent
Evidence:
The petitioner is entitled to realize the costs of the petition from the respondent
Documents & Evidence
Document Type:
Joint Release Deed
Submitted By:
Plaintiff
Relevance:
To establish ownership of the building
Reference:
Ext.A1
Document Type:
Joint Release Deed
Submitted By:
Plaintiff
Relevance:
To establish ownership of the building
Reference:
Ext.A2
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Evidence provided by Advocate Commissioner
Reference:
Ext.C1
Document Type:
Plan
Submitted By:
Court
Relevance:
Evidence provided by Advocate Commissioner
Reference:
Ext.C2