R.C.P. No. 131/2024

Case between Harees S. vs Rafeek M.A. regarding rent arrears

Court

COURT OF THE THIRD ADDL. MUNSIFF & RENT CONTROLLER, ERNAKULAM

Judge

Smt. REEJA R. NAIR.

Order Date

2025-11-15

Duration

Judgement document from eCourt website

Open judgment PDF (eCourt)

Find Similar Cases

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

Plaintiff Won

Interim Order

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.

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

Why Plaintiff Won:
The court concluded that the respondent was liable for the rent arrears as the evidence indicated defaults in payment.

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

Plaintiffs

Harees S. (50 years) Sheraf Manzil, Utira-20 A, Injiparambu Road, Unichira, Thrikkakara P.O., Pin-682020

Defendants

Rafeek M.A. (46 years) Madura Veedu, Perunna Kizhakk, Changanassery P.O., Kottayam-686101

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.