Case Summary
Benedict Earnest and Sheela Benedit filed a petition against RAHA Ayurveda Hospital and its proprietor A.M. Aslam for recovery of rental arrears. The petitioners claim that the respondents have not paid rent for the leased apartment since September 2023, totaling significant arrears.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Respondents directed to pay monthly rent arrears of Rs. 1,54,000 and continue remitting rent.
Case Type
Rental Control Petition
Final Judgment
No
Why Plaintiff Won:
The petioners provided sufficient evidence of the respondents' non-payment of rent.
The petioners provided sufficient evidence of the respondents' non-payment of rent.
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; 1. 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
Plaintiffs
Benedict Earnest (65 years)
Dheeraj Manor Apartment, Pin-560008
Sheela Benedit (64 years)
Dheeraj Manor Apartment, Pin-560008
Defendants
RAHA Ayurveda Hospital (Age not specified years)
Justice V.R. Krishna Iyer Road, South Panampilly Nagar, Kadavanthra, Kochi-682020
A.M. Aslam (Age not specified years)
13A, Travancore Whiteland, Vennala P.O, Pin-682028
Dr. A.M. Anwar (Age not specified years)
Pooyappallil house, Ambedkar road, Edappally North, Pin-682024
Reliefs
Relief Type:
Recovery
Outcome:
Partly Granted
Description:
The respondent is directed to pay the overdue rent arrears amounting to Rs.1,54,000.
Evidence:
the petitioner is entitled to the relief as found out.
Relief Type:
Recovery
Outcome:
Granted
Description:
The respondent shall continue to remit the rent at the rate of Rs.14,000 per month for the apartment.
Evidence:
The respondent shall continue to remit the rent at the rate of Rs.14,000/- (Rupees Fourteen thousand Only) per month.
Documents & Evidence
Document Type:
Rent Agreement
Submitted By:
Plaintiff
Relevance:
The document establishes the terms of the lease agreement between the petitioner and the respondents for apartment No.502.
Reference:
null
Document Type:
Lawyer's Notice
Submitted By:
Plaintiff
Relevance:
The notice indicates the petitioner's attempts to communicate about the overdue rent to the respondents.
Reference:
null