Case Summary
The petitioners, Kileilethu Samuel Lawrence and Beena Lawrence Kileilethu, seek payment of rent arrears from the respondents RAHA Ayurveda Hospital and others. The respondents are accused of failing to pay the agreed rent for an apartment leased to them.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The respondent is directed to pay monthly rent arrears of Rs.1,47,000/- within 30 days and continue to remit future rent.
Case Type
Rent Control Petition
Final Judgment
No
The court partially allowed the petition, ordering the respondents to pay the outstanding rent arrears. It was determined that the respondents owed a total of Rs.1,47,000/- for the lease period in question.
Why Plaintiff Won:
The respondents were found to have failed to provide sufficient evidence to prove they had been paying the rent regularly.
The respondents were found to have failed to provide sufficient evidence to prove they had been paying the rent regularly.
Losing Side's Weaknesses:
Not available
Not available
Supporting Evidence
It was held that 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 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.1,47,000/- (Rupees One Lakh Forty Seven Thousand only) which is due as on 31.10.2025, within 30 days from today.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Kileilethu Samuel Lawrence
- Party Age
- 65
- Relation
- S/o
- Party Role
- Plaintiff
- Party Name
- Beena Lawerence Kileilethu
- Party Age
- 60
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- RAHA Ayurveda Hospital
- Relation
- represented by its Proprietor, A.M. Aslam
- 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 03.01.2023, Lawyers' notices addressed to the respondents 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 court directed the respondents to pay the monthly rent arrears.
Evidence:
The respondent is hereby directed to pay monthly rent arrears of Rs.1,47,000/- (Rupees One Lakh Forty Seven Thousand only) which is due as on 31.10.2025, within 30 days from today.
Relief Type:
Recovery
Outcome:
Granted
Description:
The court ordered the respondents to continue paying the monthly rent going forward.
Evidence:
The respondent shall continue to remit the rent at the rate of Rs.14,700/- (Rupees Fourteen Thousand and Seven Hundred Only) per month.
Documents & Evidence
Document Type:
Rent Agreement
Submitted By:
Plaintiff
Relevance:
The document supports the petitioners' claim regarding the landlord-tenant relationship and the agreed rate of monthly rent.
Reference:
null
Document Type:
Lawyers' notices
Submitted By:
Plaintiff
Relevance:
This document is used to demonstrate that the petitioners had informed the respondents of their arrears.
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
Case Code
Case between Kileilethu Samuel Lawrence et al vs RAHA Ayurveda Hospital et al regarding rent arrears
Case Code Year
Case between Kileilethu Samuel Lawrence et al vs RAHA Ayurveda Hospital et al regarding rent arrears