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
The petition was allowed, directing the respondents to pay the rent arrears. The court found merit in the petitioner's claim of unpaid rent.
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.
Losing Side's Weaknesses:
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.
Supporting Evidence
It is settled position that a mere denial is not sufficient. The tenant cannot be allowed to wriggle out from the statutory liability under Section 12 of the Act where the rent deed and receipts would quantify an amount, as admitted arrears of rent from the admissions therein.
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
Parties
- Party Role
- Plaintiff
- Party Name
- Joseph N.A @ Joy
- Party Age
- 66
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Cochin Glass House
- Relation
- represented by its partner
- Party Role
- Defendant
- Party Name
- Sri. Sebastian
- Party Age
- 68
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Sajan Joseph
- Party Age
- 58
- Relation
- S/o
Plaintiffs Documents
Rent agreement dated 29.07.2017, lawyer's notice dated 21.03.2024.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Anju Mary
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Rosy P.F.
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- Johson Abraham
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Nelson Abraham
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- Emil Johson
- Appearance Type
- Assisting Counsel
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
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
R.C.P.
Case Code Year
2024