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
Tenants are directed to vacate the premises within 30 days.
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.
Losing Side's Weaknesses:
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.
Supporting Evidence
null
Judgment Evidence:
null
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- K.I. Subair Mather
- Party Age
- 65
- Relation
- S/o late K.C. Ibrahimkutty Mather
- Party Role
- Plaintiff
- Party Name
- K.I. Mayankutty Mather
- Party Age
- 64
- Relation
- S/o late K.C. Ibrahimkutty Mather
- Party Role
- Plaintiff
- Party Name
- K.I. Babu Mather
- Party Age
- 63
- Relation
- S/o late K.C. Ibrahimkutty Mather
- Party Role
- Plaintiff
- Party Name
- K.I. Noor Mohammed Mather
- Party Age
- 60
- Relation
- S/o late K.C. Ibrahimkutty Mather
- Party Role
- Plaintiff
- Party Name
- Others
- Party Role
- Defendant
- Party Name
- Kadeeja Majeed
- Party Age
- 80
- Relation
- W/o M.B. Abdul Majeed
- Party Role
- Defendant
- Party Name
- C.M. Abdulsalam
- Party Age
- 62
- Relation
- S/o M.B. Abdul Majeed
- Party Role
- Defendant
- Party Name
- C.M. Naushad
- Party Age
- 62
- Relation
- S/o M.B. Abdul Majeed
- Party Role
- Defendant
- Party Name
- C.M. Nadersha
- Party Age
- 60
- Relation
- S/o M.B. Abdul Majeed
- Party Role
- Defendant
- Party Name
- C.M. Rejeena
- Party Age
- 55
- Relation
- D/o M.B. Abdul Majeed
Plaintiffs Documents
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Abraham K. John
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Uthara Ashokan
- Appearance Type
- Assisting Counsel
- Party Role
- Plaintiff
- Advocate Name
- Rahul Govind
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- Muhammed Siyed
- Appearance Type
- Main Counsel
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)
Case Classification
Case Type
Petition under Section 11(4)(v) of the Kerala Buildings (Lease and Rent Control) Act, 1965
Category
Eviction and Rent Control
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Common Reasons
Non-usage of leased premises
Case Code
Case between K.I. Subair Mather et al vs Kadeeja Majeed et al regarding eviction
Case Code Year
Case between K.I. Subair Mather et al vs Kadeeja Majeed et al regarding eviction