Case Summary
Harees S. filed a petition against Rafeek M.A. for the recovery of rent arrears amounting to Rs.3,77,000. The case involves a lease agreement where Rafeek M.A. defaulted on rent payments since the inception of the lease.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The respondent is directed to pay monthly rent arrears of Rs.3,77,000 and to continue remitting rent at the rate of Rs.90,000 per month.
Case Type
Rent Control Petition
Final Judgment
No
The court found merit in the petitioner's claim and allowed the petition in part. The respondent is directed to pay the rent arrears and continue paying the rent as agreed.
Why Plaintiff Won:
The court concluded that the respondent was liable for the rent arrears as the evidence indicated defaults in payment.
The court concluded that the respondent was liable for the rent arrears as the evidence indicated defaults in payment.
Losing Side's Weaknesses:
The court concluded that the respondent was liable for the rent arrears as the evidence indicated defaults in payment.
The court concluded that the respondent was liable for the rent arrears as the evidence indicated defaults in payment.
Supporting Evidence
The court found merit in the contention of the petitioner, and hence the petitioner is entitled to the relief as found out. Thus from the above calculations and admissions from the available materials on record, it reveals the quantum of rent, and the period from which rent amount is due.
Judgment Evidence:
In the result, the petition is allowed in part and a direction is passed under Section 12 (1) of the Kerala Buildings (Lease & Rent Control) Act against the respondent as follows; 1. The respondent is hereby directed to pay monthly rent arrears of Rs.3,77,000/- (Rupees Three Lakhs Seventy Seven Thousand only) which is due from June 2025 till 31.10.2025, within 30 days from today.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Harees S.
- Party Age
- 50
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Rafeek M.A.
- Party Age
- 46
- Relation
- S/o
Plaintiffs Documents
Lease agreements, Bank statements showing rent transactions.
Defendants Documents
Bank statements, Printouts of remittance.
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Kabil Chandran T.
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Anjali R.
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Beena N. Kartha
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Arun Chand
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Kevin James
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Gopika Gopal
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Devadath D.
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Shehroon Patel A.K.
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Partly Granted
Description:
The respondent is hereby directed to pay monthly rent arrears of Rs.3,77,000/- which is due from June 2025 till 31.10.2025.
Evidence:
the petitioner is entitled to the relief as found out. In these circumstances, it is found that the respondent is liable to pay the arrears of rent as found out.
Relief Type:
Recovery
Outcome:
Granted
Description:
The respondent shall continue to remit the rent at the rate of Rs.90,000/- per month, which may be subsequently fall due.
Evidence:
the respondent shall continue to remit the rent at the rate of Rs.90,000/- (Rupees Ninety Thousand Only) per month, which may be subsequently fall due.
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
Non-payment of rent
Case Code
Case between Harees S. vs Rafeek M.A. regarding rent arrears
Case Code Year
Case between Harees S. vs Rafeek M.A. regarding rent arrears