Case Summary
Geetha. P. filed a petition seeking eviction of Cinesh Sreedhar for non-payment of rent amounting to Rs.9,77,500. The respondent claims he has vacated the premises, while the petitioner contends otherwise.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The respondent is directed to deposit Rs.9,42,460 and Rs.82,500 as arrears of rent.
Case Type
Rent Control Petition
Final Judgment
No
Why Plaintiff Won:
The court found sufficient evidence of admitted rent arrears as the respondent failed to provide evidence disputing the dues.
The court found sufficient evidence of admitted rent arrears as the respondent failed to provide evidence disputing the dues.
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.9,42,460/- (Rupees Nine Lakhs Forty Two Thousand Four Hundred and Sixty Only) which is due as on 28.02.2025, within 30 days from today.
Parties Involved
Plaintiffs
Geetha. P. (56 years years)
8A, Skyline Legacy, Power House Extension Road, Ernakulam, Kochi – 682 018
Defendants
Cinesh Sreedhar (Age not specified years)
F-1, Magnum Apartments, Vivekananda Nagar Road, Elamakkara, Ernakulam, Kochi 682 026
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
The respondent is directed to deposit monthly rent arrears of Rs.9,42,460/- within 30 days.
Evidence:
The respondent is hereby directed to deposit monthly rent arrears of Rs.9,42,460/- (Rupees Nine Lakhs Forty Two Thousand Four Hundred and Sixty Only) which is due as on 28.02.2025, i.e the month of filing of this application, within 30 days from today.
Relief Type:
Recovery
Outcome:
Granted
Description:
The respondent is directed to deposit additional monthly rent arrears of Rs.82,500/- within 30 days.
Evidence:
The respondent is also hereby directed to deposit monthly rent arrears of Rs.82,500/- (Rupees Eighty Two Thousand Five Hundred Only) which is due from 01.11.2024 till 01.04.2025, i.e till the month of passing of this order, within 30 days from today.
Relief Type:
Recovery
Outcome:
Granted
Description:
The respondent is directed to continue to deposit the arrears of rent at the rate of Rs.27,500/-pm.
Evidence:
The respondent shall also continue to deposit the arrears of rent at the rate of Rs. Rs.27,500/-pm (Rupees Twenty Seven Thousand and Five Hundred Only), which may be subsequently fall due, within 15 days from the date of due till the culmination of rent control proceedings.
Documents & Evidence
Document Type:
Rent Agreement
Submitted By:
Plaintiff
Relevance:
The petitioner produced the copy of the rent agreement dated 18.12.2020 executed between the petitioner and the respondent which commenced from 01.12.2020.
Reference:
null
Document Type:
Legal Notice
Submitted By:
Plaintiff
Relevance:
The petitioner produced the legal notice dated 24.06.2023 sent to the respondent which calls upon the respondent to settle the arrears, along with its postal receipt and acknowledgment card.
Reference:
null
Document Type:
WhatsApp Communications
Submitted By:
Defendant
Relevance:
The respondent contends that he vacated the premises on 31.05.2023, which he claims is evidenced by WhatsApp communications exchanged with the petitioner's husband.
Reference:
null