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
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.
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
Plaintiffs
Jaison Chacko Anithanam (50 years)
No.11, Vikas Nagar, Kundanoor, Maradu P.O, Pin-682304
Defendants
RAHA Ayurveda Hospital (Age not specified years)
Justice V.R. Krishna Iyer Road, South Panampilly Nagar, Kadavanthra, Kochi-682020
A.M. Aslam (Age not specified years)
13A, Travancore Whiteland, Vennala P.O, Pin-682028
Dr. A.M. Anwar (Age not specified years)
Pooyappallil house, Ambedkar road, Edappally North, Pin-682024
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