Rajan v. Jose
Case brief
What is this about?
Regular Second Appeal by a tenant against eviction orders. The High Court upheld the termination of tenancy under Section 106 TP Act but granted six months to vacate subject to an undertaking.
What did the court decide?
Time granted to vacate premises within six months subject to filing of affidavit undertaking.
What the court decided
IN THE HIGH COURT OF KERALA AT ERNAKULAM
THE HONOURABLE MR. JUSTICE A.HARIPRASAD
MONDAY, THE 12TH DAY OF FEBRUARY 2018 / 23RD MAGHA, 1939
AGAINST THE JUDGMENT & DECREE DATED 29-08-2017 IN AS 22/2016 of SUB COURT, CHAVAKKAD
AGAINST THE JUDGMENT & DECREE DATED 25-11-2015 IN OS 519/2011 of MUNSIFF COURT,CHAVAKKAD
APPELLANT/APPELLANT/DEFENDANT
RAJAN, AGED 56 YEARS, S/O. CHERUVATHUR MATHEW, KARIKKAD VILLAGE & DESOM, TALAPPILLY TALUK, P.O.KARIKKAD, PIN 680 519
BY ADV.SRI.RAJIT
RESPONDENT/RESPONDENT/PLAINTIFF:
JOSE, AGED 65 YEARS, S/O. CHERUVATHUR ITTI MATHEW, KARIKKAD VILLAGE & DESOM, TALAPPILLY TALUK, P.O. KARIKKAD, PIN - 680 519
THIS REGULAR SECOND APPEAL HAVING COME UP FOR ADMISSION ON 12-02-2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
Issues for consideration
2 issues framed by the court
Whether the notice to quit issued under Section 106 of the Transfer of Property Act is legally correct and sufficient to terminate the tenancy.
Whether the tenant is entitled to a reasonable time to vacate the premises before enforcement of eviction decree.
Parties & counsel
- appellant
RAJAN
- respondent
JOSE
Coram
A. HARIPRASAD
Case details
As recorded by the court registry
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