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
The court allowed the petition, directing the respondents to deposit the total rent arrears of Rs.27,66,486 within 30 days. They are also required to continue paying rent due as per the agreement.
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.
Losing Side's Weaknesses:
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.
Supporting Evidence
Furthermore, to support such a contention, no documents have been produced by the respondent. Hence, merely putting up such a contention that they vacated the premises is not sustainable.
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
Parties
- Party Role
- Plaintiff
- Party Name
- David Paul
- Party Age
- 58
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- M/S LWC Events LLP
- Party Role
- Defendant
- Party Name
- Mr. Don Louis
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Mr. Vinish Thomas
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Mr. Akash James
- Party Age
- 30
- Relation
- S/o
Plaintiffs Documents
Lease agreement dated 28.09.2017, Tax receipts.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Javalin Joseph Pallath
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- O.D. Sivadas
- Appearance Type
- Main Counsel
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.
Documents & Evidence
Case Classification
Case Type
Rent Control Petition
Category
Eviction and Rent Control
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Common Reasons
Case Code
R.C.P.
Case Code Year
2024