Case Summary
David Paul, the petitioner, is seeking eviction of Mr. Vinish Thomas due to non-payment of rent. The respondent has allegedly failed to pay rent arrears amounting to Rs.6,77,212/-.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Respondent directed to pay rent arrears of Rs.6,56,376/- and Rs.4,37,584/- within specified timeframes.
Case Type
Rent Control Petition
Final Judgment
No
Why Plaintiff Won:
The petitioner provided clear evidence of non-payment of rent and contractual obligations.
The petitioner provided clear evidence of non-payment of rent and contractual obligations.
Judgment Evidence:
In the result, the petition is allowed and a direction is passed under Section 12 (1) of the Kerala Buildings (Lease & Rent Control) Act against the respondent as follows; (i) The respondent is hereby directed to deposit monthly rent arrears of Rs.6,56,376/-... (ii) The respondent is also hereby directed to deposit monthly rent arrears of 4,37,584/-... (iii) The respondent shall continue to pay the arrears of rent...
Parties Involved
Plaintiffs
David Paul (58 years years)
Kulangara House, Plot No. 89. Canal Road, Giri Nagar, Kadavanthra, Ernakulam, Kochi-682020
Defendants
Mr. Vinish Thomas (Age not specified years)
3rd floor Door No. CC 41/150A (4) Above DHE Puttu Restaurant, NH Byepass, Edappally, Kochi-682024
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
The respondent is directed to deposit monthly rent arrears of Rs.6,56,376/- due from July 2024 till December 2024.
Evidence:
The respondent is hereby directed to deposit monthly rent arrears of Rs.6,56,376/- (Rupees Six Lakhs Fifty Six thousand Three hundred and seventy six Only) which is due from July 2024 till December 2024, within 30 days from today.
Relief Type:
Recovery
Outcome:
Granted
Description:
The respondent is also directed to deposit monthly rent arrears of Rs.4,37,584/- due from 01.01.2025 till 01.06.2025.
Evidence:
The respondent is also hereby directed to deposit monthly rent arrears of 4,37,584/- (Rupees Four Lakhs Thirty seven thousand five hundred and eighty four Only) which is due from 01.01.2025 till 01.06.2025, i.e till the month of passing of this order, within 30 days from today.
Relief Type:
Recovery
Outcome:
Granted
Description:
The respondent shall continue to pay the arrears of rent at the rate of Rs.1,09,396/- pm.
Evidence:
The respondent shall continue to pay the arrears of rent at the rate of Rs.1,09,396/- pm (Rupees One lakh nine thousand three hundred and ninety six only), which may subsequently fall due to the petitioner within 15 days from the date of due till the culmination of rent control proceedings.