Case Summary
Plaintiffs, children of the deceased landlord, sought rent arrears from the defendant who failed to pay rent for shop rooms he possessed without conducting business. Defendant claimed non-occupation due to lack of consent letter.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Payment of arrears of rent with interest
Case Type
Civil Suit - Rent Arrears
Final Judgment
No
The court decreed the suit in favor of the plaintiffs, ordering the defendant to pay the arrears of rent along with interest.
Why Plaintiff Won:
The defendant failed to prove that there was a valid reason for non-payment of rent. Lack of possession and failure to provide a consent letter for conducting business were not acceptable reasons.
The defendant failed to prove that there was a valid reason for non-payment of rent. Lack of possession and failure to provide a consent letter for conducting business were not acceptable reasons.
Losing Side's Weaknesses:
The defendant failed to prove that there was a valid reason for non-payment of rent. Lack of possession and failure to provide a consent letter for conducting business were not acceptable reasons.
The defendant failed to prove that there was a valid reason for non-payment of rent. Lack of possession and failure to provide a consent letter for conducting business were not acceptable reasons.
Supporting Evidence
It is evident from the document itself that there was a necessity for the consent letter for the purpose of starting the business. The defendant's non-occupation was not solely due to lack of consent letter as other evidence showed attempts to get the necessary permits.
Judgment Evidence:
The defendant is directed to pay the plaintiff an amount of Rs.8,25,930/- (Rupees eight lakh twenty five thousand nine hundred and thirty only) with 6% interest per annum from the date of suit till the date of realization.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Jamsheena
- Party Age
- 28
- Relation
- Child of
- Party Role
- Plaintiff
- Party Name
- Samreena
- Party Age
- 26
- Relation
- Child of
- Party Role
- Plaintiff
- Party Name
- Seenath
- Party Age
- 24
- Relation
- Child of
- Party Role
- Plaintiff
- Party Name
- Muhammed Shakkir
- Party Age
- 21
- Relation
- Child of
- Party Role
- Plaintiff
- Party Name
- Muhammed Shahid
- Party Age
- 19
- Relation
- Child of
- Party Role
- Plaintiff
- Party Name
- Fathima
- Party Age
- 57
- Relation
- Mother of plaintiffs 1 to 5
- Party Role
- Defendant
- Party Name
- K.M. Seethi
- Party Age
- 52
- Relation
- Son of
Plaintiffs Documents
Certified copy of order in RC Rev 385/2013 of Honourable High court of Kerala, Certified copy of RCP. 38/2008 etc.
Defendants Documents
Certified copy of order in RCA. 4/2014, Certified copy of Judgment in WP(C)159/2009 of Honourable High court of Kerala etc.
Advocates
Reliefs
Relief Type:
Payment of arrears of rent with interest
Outcome:
Granted
Description:
Court ordered defendant to pay arrears of rent along with interest from the date of the suit.
Evidence:
The defendant is directed to pay the plaintiff an amount of Rs.8,25,930/- (Rupees eight lakh twenty five thousand nine hundred and thirty only) with 6% interest per annum from the date of suit till the date of realization.
Documents & Evidence
Document Type:
Certified copy of Order
Submitted By:
Plaintiff
Relevance:
Evidence of judicial decision
Reference:
RC Rev 385/2013 of Honourable High court of Kerala
Document Type:
Certified copy of complaint
Submitted By:
Defendant
Relevance:
Pertinent complaint made by defendant
Reference:
B8
Case Classification
Case Type
Civil Suit - Rent Arrears
Category
Eviction and Rent Control
District
Malappuram
State
Kerala
Court Establishment
Munsiff Court, Tirur / Rent Control Court
Common Reasons
Case Code
Case between Children of KunnathMuhammed Kutty Haji et al vs K.M. Seethi regarding rent arrears
Case Code Year
Case between Children of KunnathMuhammed Kutty Haji et al vs K.M. Seethi regarding rent arrears