Case Summary
Koshy P. Chandy is the petitioner claiming that the respondents, RAHA Ayurveda Hospital and others, have defaulted on rent payments for an apartment. The respondents contend they have been paying rent regularly despite some delays.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Respondents directed to pay monthly rent arrears of Rs. 1,54,000 within 30 days.
Case Type
Rent Control Petition
Final Judgment
No
The court found merit in the petitioner's claim of unpaid rent and ordered the respondents to pay the outstanding arrears.
Why Plaintiff Won:
The court determined that the respondents failed to demonstrate regular payment of rent.
The court determined that the respondents failed to demonstrate regular payment of rent.
Losing Side's Weaknesses:
Not available
Not available
Supporting Evidence
It is trite law that proceedings under Section 12 can be invoked against the tenant only when arrears of rent are admitted. In the instant case, the court found that the respondents did not provide sufficient proof of regular payments.
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
- Koshy P. Chandy
- Party Age
- 73
- 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
- Assisting Counsel
- Party Role
- Plaintiff
- Advocate Name
- C.A. Anupaman
- Appearance Type
- Assisting Counsel
- Party Role
- Plaintiff
- Advocate Name
- T.B. Sivaprasad
- Appearance Type
- Assisting Counsel
- Party Role
- Plaintiff
- Advocate Name
- Neethu
- Appearance Type
- Assisting Counsel
- Party Role
- Plaintiff
- Advocate Name
- Vijay
- Appearance Type
- Assisting Counsel
- Party Role
- Plaintiff
- Advocate Name
- Manju E.R
- Appearance Type
- Assisting Counsel
- Party Role
- Plaintiff
- Advocate Name
- Anandhu
- Appearance Type
- Assisting Counsel
- Party Role
- Plaintiff
- Advocate Name
- Line Joseph
- Appearance Type
- Assisting Counsel
- Party Role
- Plaintiff
- Advocate Name
- Paul Jose
- Appearance Type
- Assisting Counsel
- Party Role
- Plaintiff
- Advocate Name
- Dainy Davis
- Appearance Type
- Assisting Counsel
- Party Role
- Plaintiff
- Advocate Name
- Rilna Radhakrishnan
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- Sajeeb K. Yusuf
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Partly Granted
Description:
Directing the respondents to pay the rent arrears of Rs. 1,54,000.
Evidence:
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.
Relief Type:
Recovery
Outcome:
Partly Granted
Description:
Directing the respondents to continue paying monthly rent.
Evidence:
The respondent shall continue to remit the rent at the rate of Rs.14,000/- (Rupees Fourteen thousand Only) per month each for the petition schedule apartment No. 204, which may be subsequently fall due, within 15 days from the date of due till the culmination of rent control proceedings.
Documents & Evidence
Document Type:
Lease Agreement
Submitted By:
Plaintiff
Relevance:
The petitioner produced the lease agreement to support the claim of arrears of rent.
Reference:
null
Document Type:
Lawyer's Notice
Submitted By:
Plaintiff
Relevance:
The petitioner referenced a lawyer's notice to the respondents regarding unpaid rent.
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
Case between Koshy P. Chandy vs RAHA Ayurveda Hospital et al regarding rent arrears
Case Code Year
Case between Koshy P. Chandy vs RAHA Ayurveda Hospital et al regarding rent arrears