Kabeer v. Halid
Case brief
What is this about?
In this regular second appeal against an eviction decree, the Kerala High Court dismissed the appellant's challenges regarding government land status, lack of notice, and court jurisdiction. The court held the tenant was estopped from denying the landlord's title.
What did the court decide?
The Regular Second Appeal is dismissed upholding the eviction decree.
What the court decided
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE N.K.BALAKRISHNAN
MONDAY, THE 13TH DAY OF JANUARY 2014/23RD POUSHA, 1935
RSA.No. 295 of 2013 (B)
AGAINST THE JUDGMENT IN AS 291/2011 of I ADL.DISTRICT COURT, THIRUVANANTHAPURAM DATED 29-10-2012
AGAINST THE JUDGMENT IN OS 330/2009 of SUB COURT,NEYYATTINKARA DATED 03-10-2011
APPELLANT/APPELLANT/DEFENDANT:
KABEER AGED 37 YEARS S/O.ABDUL KHADAR, RESIDING AT "FARHAN MANZIL" VANIKAR THERUVU, BALARAMAPURAM, THALAYAL DESOM THIRUVANANTHAPURAM.
BY ADVS.SRI.G.S.REGHUNATH
SRI.K.RAJESH KANNAN SRI.A.S.SHAMMY RAJ SRI.P.SHANES
Issues for consideration
3 issues framed by the court
Whether a tenant is estopped from denying the lessor's title to claim the property is government land.
Whether the defendant raised competency of the Sub Court as a preliminary issue precluding this ground in second appeal.
Whether sufficient notice under Section 106 of the Transfer of Property Act was given for eviction.
Parties & counsel
- appellant
Kabeer
- respondent
Halid
Coram
N.K. Balakrishnan
Case details
As recorded by the court registry
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