Case Summary
Jaison Chacko Anithanam is the petitioner against RAHA Ayurveda Hospital and its proprietor A.M. Aslam, and Dr. A.M. Anwar regarding unpaid rent arrears for an apartment. The respondents are contending that they have not willfully defaulted on payments and have made partial payments.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The respondent is directed to pay monthly rent arrears of Rs. 1,54,000 and continue to remit rent of Rs. 14,000 per month.
Case Type
Lease and Rent Control Application
Final Judgment
No
The court partly allowed the petition, directing the respondents to pay the due rent arrears and continue paying future rent. The court found merit in the petitioner's claims.
Why Plaintiff Won:
The petitioner demonstrated that the respondents were in arrears of rent and failed to provide sufficient evidence to refute the claims.
The petitioner demonstrated that the respondents were in arrears of rent and failed to provide sufficient evidence to refute the claims.
Losing Side's Weaknesses:
The petitioner demonstrated that the respondents were in arrears of rent and failed to provide sufficient evidence to refute the claims.
The petitioner demonstrated that the respondents were in arrears of rent and failed to provide sufficient evidence to refute the claims.
Supporting Evidence
The petitioner filed this RCP under Sections 11(2)(b) of the Act. The case of the petitioner is that the respondent defaulted in the payment of monthly rent at the rate of Rs.14,000/- for petition schedule apartment No.402.
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. 1,54,000 (Rupees One Lakh Fifty Four Thousand only) which is due as on 31.10.2025, within 30 days from today.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Jaison Chacko Anithanam
- Party Age
- 50
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- RAHA Ayurveda Hospital
- Relation
- represented by its Proprietor
- Party Role
- Defendant
- Party Name
- A.M. Aslam
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Dr. A.M. Anwar
- Relation
- S/o
Plaintiffs Documents
Rent agreement dated 06.11.2021, lawyers' notices dated 22.02.2024
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- C.S. Manu
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Dilu Joseph
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- C.A. Anupaman
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- T.B. Sivaprasad
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Neethu
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Vijay
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Manju E.R
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Anandhu
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Line Joseph
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Paul Jose
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Dainy Davis
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Rilna Radhakrishnan
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sajeeb K. Yusuf
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Partly Granted
Description:
The petitioner was granted a direction for the respondents to pay the rent arrears.
Evidence:
In these circumstances, it is found that the respondents are liable to pay the arrears of rent as found out.
Relief Type:
Recovery
Outcome:
Granted
Description:
The respondents are directed to continue payment of rent for the premises.
Evidence:
The respondent shall continue to remit the rent at the rate of Rs.14,000/- per month each for the petition schedule apartment No.402.
Documents & Evidence
Document Type:
Lease Agreement
Submitted By:
Plaintiff
Relevance:
Supported the petitioner's claim regarding the rent agreement and the tenant's obligations.
Reference:
null
Document Type:
Lawyer's Notice
Submitted By:
Plaintiff
Relevance:
Notified the respondents about the unpaid rent.
Reference:
null
Document Type:
Oral Evidence
Submitted By:
Court
Relevance:
Heard arguments and discussion from both parties regarding the case.
Reference:
null
Case Classification
Case Type
Lease and Rent Control Application
Category
Eviction and Rent Control
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Common Reasons
Non-payment of rent
Case Code
Case between Jaison Chacko Anithanam vs RAHA Ayurveda Hospital et al regarding rent arrears
Case Code Year
Case between Jaison Chacko Anithanam vs RAHA Ayurveda Hospital et al regarding rent arrears