Case Summary
Case involves petition for eviction of tenants due to non-usage of leased premises for over three years. Tenants were paying rent directly due to income tax issues with original lessor.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Case Type
Petition under Section 11(4)(v) of the Kerala Buildings (Lease and Rent Control) Act, 1965
Final Judgment
No
Why Plaintiff Won:
The ownership and non-usage of the building by the tenants were established.
The ownership and non-usage of the building by the tenants were established.
Judgment Evidence:
null
Parties Involved
Plaintiffs
K.I. Subair Mather (65 years years)
Mather Mansion, Chittoor Road, Ernakulam, Cochin-682035
K.I. Mayankutty Mather (64 years years)
Mather Mansion, Chittoor Road, Ernakulam, Cochin-682035
K.I. Babu Mather (63 years years)
Mather Mansion, Chittoor Road, Ernakulam, Cochin-682035
K.I. Noor Mohammed Mather (60 years years)
Mather Mansion, Chittoor Road, Ernakulam, Cochin-682035
Others (Age not specified years)
Defendants
Kadeeja Majeed (80 years years)
Chathanvelipadam House, Vazhakkala, Thrikkakara P.O., Kochi-682 021
C.M. Abdulsalam (62 years years)
Chathanvelipadam House, Vazhakkala, Thrikkakara P.O., Kochi-682 021
C.M. Naushad (62 years years)
Chathanvelipadam House, Vazhakkala, Thrikkakara P.O., Kochi 682 021
C.M. Nadersha (60 years years)
Chathanvelipadam House, Vazhakkala, Thrikkakara P.O., Kochi 682 021
C.M. Rejeena (55 years years)
Chathanvelipadam House, Vazhakkala, Thrikkakara P.O., Kochi 682 021
Reliefs
Relief Type:
Eviction
Outcome:
Granted
Description:
Eviction of respondents due to non-usage of leased premises
Evidence:
The petitioner is entitled to the relief as prayed for
Relief Type:
Recovery
Outcome:
Granted
Description:
Petitioners entitled to get costs from respondents
Evidence:
The petitioners are entitled to get the costs of the petition from the respondents
Documents & Evidence
Document Type:
Property Tax Receipt
Submitted By:
Plaintiff
Relevance:
Established property tax payment history
Reference:
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Confirmed non-occupation of the property
Reference:
Ext.C1
Document Type:
Photographs
Submitted By:
Court
Relevance:
Visual evidence supporting non-usage claim
Reference:
Ext.C1(a)