Case Summary
B. Sukumaran, the petitioner, seeks to recover rent arrears from RAHA Ayurveda Hospital and its representatives. The case revolves around the non-payment of rent for an apartment leased for 11 months, which has resulted in significant arrears.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The respondent is directed to pay monthly rent arrears of Rs. 1,54,000 within 30 days.
Case Type
Injunction
Final Judgment
No
The court determined that the respondents owed significant rent arrears and directed them to pay the total amount due. The order was partly in favor of the petitioner.
Why Plaintiff Won:
The court found merit in the petitioner's contention regarding non-payment of rent.
The court found merit in the petitioner's contention regarding non-payment of rent.
Losing Side's Weaknesses:
The court found merit in the petitioner's contention regarding non-payment of rent.
The court found merit in the petitioner's contention regarding non-payment of rent.
Supporting Evidence
It is trite law that proceedings under Section 12 can be invoked against the tenant only when arrears of rent are admitted.
Judgment Evidence:
In the result, the petition is allowed in part and a direction is passed under Section 12 (1) of the Kerala Buildings (Lease & Rent Control) Act against the respondent as follows; The respondent is hereby directed to pay monthly rent arrears of Rs. 1,54,000 (Rupees One Lakh Fifty Four Thousand only) which is due as on 31.10.2025, within 30 days from today.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- B. Sukumaran
- Relation
- S/o
- Party Role
- Plaintiff
- Party Name
- T.L. Rajeevan Nair
- Party Age
- 52
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- RAHA Ayurveda Hospital
- Relation
- represented by
- Party Role
- Defendant
- Party Name
- A.M. Aslam
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Dr. A.M. Anwar
- Relation
- S/o
Plaintiffs Documents
rent agreement dated 06.11.2021, lawyers' notices addressed to the respondents dated 22.02.2024
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- C.S. Manu
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Dilu Joseph
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- C.A. Anupaman
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- T.B. Sivaprasad
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Neethu
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Vijay
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Manju E.R
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Anandhu
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Line Joseph
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Paul Jose
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Dainy Davis
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Rilna Radhakrishnan
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sajeeb K. Yusuf
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Partly Granted
Description:
Directing the respondent to pay the arrears of rent due.
Evidence:
The respondent is hereby directed to pay monthly rent arrears of Rs. 1,54,000 (Rupees One Lakh Fifty Four Thousand only) which is due as on 31.10.2025, within 30 days from today.
Relief Type:
Recovery
Outcome:
Granted
Description:
Directing the respondent to continue paying the monthly rent.
Evidence:
The respondent shall continue to remit the rent at the rate of Rs.14,000/- (Rupees Fourteen Thousand Only) per month each for the petition schedule apartment No.107, which may be subsequently fall due, within 15 days from the date of due till the culmination of rent control proceedings.
Documents & Evidence
Document Type:
Rent Agreement
Submitted By:
Plaintiff
Relevance:
To support the petitioner's claim regarding the landlord-tenant relationship and the agreed monthly rent.
Reference:
null
Document Type:
Lawyer's Notice
Submitted By:
Plaintiff
Relevance:
Indicates the petitioner's attempts to notify the respondents about the arrears.
Reference:
null
Document Type:
Oral Evidence
Submitted By:
Oral evidence
Relevance:
Testimonies presented regarding the payment of rent and the conditions of the lease.
Reference:
null
Case Classification
Case Type
Injunction
Category
Eviction and Rent Control
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Common Reasons
Non-payment of rent
Case Code
Case between B. Sukumaran vs RAHA Ayurveda Hospital et al regarding rent arrears
Case Code Year
Case between B. Sukumaran vs RAHA Ayurveda Hospital et al regarding rent arrears