Case Summary
V Doraswami filed a petition against Muhammedali and VP Saidalavi seeking eviction based on alterations made to a rental property. The petitioner claims that these changes have reduced the property's value and utility.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The respondents are directed to put the petitioner in possession of the petition schedule shop room within a period of two months.
Case Type
Rent Control Petition
Final Judgment
No
The court allowed the eviction petition filed by the petitioner, directing the respondents to vacate the premises within two months.
Why Plaintiff Won:
The respondents made structural modifications without the landlord's consent, violating the lease agreement.
The respondents made structural modifications without the landlord's consent, violating the lease agreement.
Losing Side's Weaknesses:
The respondents made structural modifications without the landlord's consent, violating the lease agreement.
The respondents made structural modifications without the landlord's consent, violating the lease agreement.
Supporting Evidence
The tenants who carry out such works in the tenanted premises without the permission of the landlord are liable to be evicted under Section 11(4)(ii) of the Act.
Judgment Evidence:
In the result, RCP is allowed under Section 11(4)(ii) of the Kerala Buildings (Lease and Rent Control) Act as follows: 1. The respondents are hereby directed to put the petitioner in possession of the petition schedule shop room within a period of two months from today, failing which the petitioner can execute this order by due process of the Court.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- V Doraswami
- Party Age
- 86
- Relation
- S/o. Late NV Chettiar
- Party Role
- Defendant
- Party Name
- Muhammedali
- Party Age
- 66
- Relation
- S/o. Late.Kunhamu
- Party Role
- Defendant
- Party Name
- VP Saidalavi
- Party Age
- 64
- Relation
- S/o. Ummer
Plaintiffs Documents
Copy of Lease Deed, executed by Doraiswami, his brother Thyagarajan and the Respondents.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri..Sreenath V
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sri.Abdul Raoof T
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Eviction
Outcome:
Granted
Description:
The petitioner is entitled to eviction of the respondents from the petition schedule property.
Evidence:
Hence, considering the same, I am of the view that the petitioner is entitled to get eviction as sought for.
Relief Type:
Costs
Outcome:
Granted
Description:
The respondents shall pay the costs of the petition to the petitioner.
Evidence:
That the respondents shall pay the costs of the petition to the petitioner.
Documents & Evidence
Document Type:
Lease Deed
Submitted By:
Plaintiff
Relevance:
The lease agreement which establishes the terms under which the property was rented to the respondents.
Reference:
Ext.A1
Document Type:
Commission Report
Submitted By:
Court
Relevance:
The report provided insights into the condition and alterations made to the petition schedule property.
Reference:
Ext.C1
Case Classification
Case Type
Rent Control Petition
Category
Eviction and Rent Control
District
Kozhikode
State
Kerala
Court Establishment
Munsiff Court 1 Kozhikode
Common Reasons
Violation of lease conditions
Case Code
Case between V Doraswami vs Muhammedali, VP Saidalavi regarding eviction due to alterations in the property.
Case Code Year
Case between V Doraswami vs Muhammedali, VP Saidalavi regarding eviction due to alterations in the property.