Case Summary
Smt. Bindu David and others, who are the petitioners, filed for eviction against Denson Xavier, the respondent, for illegal occupation and construction in a leased property. The case involves claims of unauthorized structural changes affecting the property's value and utility.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The respondent is directed to surrender possession of the property within 30 days.
Case Type
Eviction
Final Judgment
No
The court allowed the petitioners' application for eviction against the respondent based on unauthorized alterations and illegal occupancy. The respondent has been ordered to vacate the premises within 30 days.
Why Plaintiff Won:
The petitioners established that the respondent made permanent alterations without consent that materially diminished the value and utility of the property.
The petitioners established that the respondent made permanent alterations without consent that materially diminished the value and utility of the property.
Losing Side's Weaknesses:
The petitioners established that the respondent made permanent alterations without consent that materially diminished the value and utility of the property.
The petitioners established that the respondent made permanent alterations without consent that materially diminished the value and utility of the property.
Supporting Evidence
The evidence presented by the petitioners, including a commission report, showed that the alterations made by the respondent significantly diminished the value and utility of the building.
Judgment Evidence:
In the result, the petition is allowed under section 11(4)(ii) of the Act as follows; i. The respondent is hereby directed to put the petitioners/landlords in possession of petition schedule building within 30 days from the date of order.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Smt. Bindu David
- Party Age
- 48
- Relation
- W/o. Late David George
- Party Role
- Plaintiff
- Party Name
- Sri. George David
- Party Age
- 26
- Relation
- S/o. Late David George
- Party Role
- Plaintiff
- Party Name
- Sri. John David
- Party Age
- 22
- Relation
- W/o. Late David George
- Party Role
- Defendant
- Party Name
- Denson Xavier
- Relation
- S/o A.M. Xavier
Plaintiffs Documents
Original of the rent agreement dated 08.12.2004, Notice issued from the office of the Town Planning Officer of the Municipal Corporation of Cochin dated 28.05.2019, Receipt issued by Municipal Corporation of Cochin dated 26.03.2019, Legal notice dated 29.07.2019.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Kabil Chandran T.
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Anjali R.
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Navod Prasannan
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- K.V. Krishnakumar
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Manoj Kumar M.
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Eviction
Outcome:
Granted
Description:
Eviction of the respondent from the petition schedule building.
Evidence:
The petition is allowed under section 11(4)(ii) of the Act as follows; The respondent is hereby directed to put the petitioners/landlords in possession of petition schedule building within 30 days from the date of order.
Relief Type:
Costs
Outcome:
Granted
Description:
Petitioners are entitled to recover costs of the proceedings from the respondent.
Evidence:
The petitioners are entitled to get cost of the proceedings from the respondent.
Documents & Evidence
Document Type:
Rent Agreement
Submitted By:
Plaintiff
Relevance:
Original of rent agreement dated 08.12.2004 establishing the terms of the lease.
Reference:
Ext.A1
Document Type:
Notice from Municipal Corporation
Submitted By:
Plaintiff
Relevance:
Original of the notice dated 28.05.2019 issued from the office of the Town Planning Officer of the Municipal Corporation of Cochin regarding unauthorized construction.
Reference:
Ext.A2
Document Type:
Receipt
Submitted By:
Plaintiff
Relevance:
Original receipt issued by Municipal Corporation of Cochin dated 26.03.2019.
Reference:
Ext.A3
Document Type:
Legal Notice
Submitted By:
Plaintiff
Relevance:
Copy of the legal notice dated 29.07.2019 issued by the petitioners to the respondent demanding vacation of the premises.
Reference:
Ext.A4
Document Type:
Envelope containing Legal Notice
Submitted By:
Plaintiff
Relevance:
Original envelope containing the legal notice dated 29.07.2019 issued to the respondent and returned to the petitioners.
Reference:
Ext.A5
Document Type:
Reply Notice
Submitted By:
Plaintiff
Relevance:
Original of the reply notice dated 16.08.2019 sent by the respondent to the petitioners in response to the legal notice.
Reference:
Ext.A6
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Commission report dated 05.10.2019 detailing the structural conditions of the property.
Reference:
Ext.C1
Document Type:
Photographs
Submitted By:
Court
Relevance:
Original photographs accompanying the commission report evidencing the condition of the property.
Reference:
Ext.C1(a)
Case Classification
Case Type
Eviction
Category
Eviction and Rent Control
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Common Reasons
Unauthorized occupation
Case Code
Case between Smt. Bindu David et al vs Denson Xavier regarding Eviction.
Case Code Year
Case between Smt. Bindu David et al vs Denson Xavier regarding Eviction.