Case Summary
Joseph N.A @ Joy, the landlord, filed a petition against Cochin Glass House and its partners for default in rent payments. The petitioner claims that the respondents owe substantial rent arrears since April 2022.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Direction to pay Rs.3,30,000/- in rent arrears within 30 days and continue monthly payments of Rs.30,000/-.
Case Type
Rent Control Petition
Final Judgment
No
Why Plaintiff Won:
The respondents defaulted in payment of rent and did not provide sufficient evidence to counter the petitioner's claims.
The respondents defaulted in payment of rent and did not provide sufficient evidence to counter the petitioner's claims.
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 respondents as follows; 1) The respondents are hereby directed to pay monthly rent arrears of Rs.3,30,000/- (Rupees Three Lakhs Thirty Thousand Only) which is due as on 01.06.2025, within 30 days from today.
Parties Involved
Plaintiffs
Joseph N.A @ Joy (66 years)
Nereveettile House, Vazhakkala, Kakkanad P.O., Kochi 682030
Defendants
Cochin Glass House (Age not specified years)
Chamminikodath House, St. Vincent Covent Road, Palarivattom, Poonithura Village, Kochi -682 025
Sri. Sebastian (68 years)
Chamminikodath House, St. Vincent Covent Road, Palarivattom, Poonithura Village, Kochi -682 025
Sajan Joseph (58 years)
Komaroth House, Azad Road, Kaloor -682017
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
The respondents are directed to pay the rent arrears amounting to Rs.3,30,000 within 30 days.
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 shall continue to remit the rent at the rate of Rs.30,000 per month.
Evidence:
The respondents shall continue to remit the rent at the rate of Rs.30,000 per month, which may be subsequently fall due.
Documents & Evidence
Document Type:
Rent Agreement
Submitted By:
Plaintiff
Relevance:
This document shows the agreed monthly rent of Rs.30,000 and the commencement date of the tenancy.
Reference:
null
Document Type:
Lawyer's Notice
Submitted By:
Plaintiff
Relevance:
It indicates the existence of rent arrears and was cited as supporting evidence by the petitioner.
Reference:
null
Document Type:
Original Returned Postal Envelopes and Acknowledgement Card
Submitted By:
Plaintiff
Relevance:
These items were mentioned to indicate communication issues between the petitioner and respondents.
Reference:
null
Document Type:
Oral Evidence
Submitted By:
Oral evidence
Relevance:
The court considered the arguments made by both parties during the hearing.
Reference:
null