Case Summary
David Paul, the petitioner, seeks eviction of M/S LWC Events LLP and its partners due to non-payment of rent arrears totaling Rs.27,66,486. The respondents claim they vacated the premises in 2021 due to business losses.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Respondents directed to deposit Rs.27,66,486 as rent arrears.
Case Type
Rent Control Petition
Final Judgment
No
Why Plaintiff Won:
Respondents failed to provide sufficient proof of vacating the premises and demonstrating payment of rent arrears.
Respondents failed to provide sufficient proof of vacating the premises and demonstrating payment of rent arrears.
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; 1) The respondents are hereby directed to deposit in court monthly rent arrears of Rs.27,66,486/- within 30 days from today.
Parties Involved
Plaintiffs
David Paul (58 years)
Kulangara House, Plot No. 89. Canal Road, Giri Nagar, Kadavanthra. Ernakulam, Kochi-682020.
Defendants
M/S LWC Events LLP (Age not specified years)
3rd floor, Door No. CC 41/150 A (4) (a) Above DHE Puttu Restaurant NH Byepass, Edappally, Kochi-682024.
Mr. Don Louis (Age not specified years)
Kottackal House, Pallikulam Road, Near St. Marys church, Koratty P.O, Thrissur District Pin-680308.
Mr. Vinish Thomas (Age not specified years)
Edattukaran House, Kuruvilassery P.O, Valiyaparambu Mala, Thrissur District, Pin-680235.
Mr. Akash James (30 years)
Kachappilly House, Angamaly South P.O. Pin-683573.
Reliefs
Relief Type:
Other
Outcome:
Granted
Description:
The respondents are directed to deposit in court monthly rent arrears of Rs.27,66,486/- which is due as on January 2025.
Evidence:
Hence, 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; 1)The respondents are hereby directed to deposit in court monthly rent arrears of Rs.27,66,486/- (Rupees Twenty Seven Lakhs Sixty Six Thousand Four Hundred and Eighty Six Only) which is due as on January 2025, i.e till month of filing of this application, within 30 days from today.
Relief Type:
Other
Outcome:
Granted
Description:
The respondent shall also deposit the arrears of rent at the rate of Rs.84,426/-pm subsequently falling due.
Evidence:
2)The respondent shall also deposit the arrears of rent at the rate of Rs.84,426/-pm (Rupees Eighty Four Thousand Four Hundred and Twenty Six Only), which may be subsequently fall due, within 15 days from the date of due till the culmination of rent control proceedings.