R.C.P. No. 136/2024

Case between Manjusha Jacob vs Shibbin Thomas et al regarding eviction for rent arrears.

Court

THE COURT OF THE THIRD ADDL. MUNSIFF & RENT CONTROLLER, ERNAKULAM

Judge

Smt. REEJA R. NAIR

Order Date

2025-09-15

Duration

approximately-1 year 16 days

Case Closed

Mon, 09/15/2025 - 12:00

Judgement document from eCourt website

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Case Summary

Manjusha Jacob filed a petition seeking eviction of Shibbin Thomas and Shourie Thomas for non-payment of rent. The respondents defaulted on multiple rent payments totaling Rs. 24,00,000/- as of the order date.

Judgment Outcome

Plaintiff Won

Interim Order

The petition was allowed, and the respondents were directed to pay arrears of rent amounting to Rs. 24,00,000/- within 30 days. They are also required to continue paying rent during the proceedings.

Judgment Favored

Plaintiff

Relief Granted

Order for payment of rent arrears

Case Type

Rent Control Petition

Final Judgment

The petition was allowed, and the respondents were directed to pay arrears of rent amounting to Rs. 24,00,000/- within 30 days. They are also required to continue paying rent during the proceedings.

Why Plaintiff Won:
The petitioner provided sufficient evidence of rent arrears and demonstrated that the respondents failed to pay rent.

Losing Side's Weaknesses:
The petitioner provided sufficient evidence of rent arrears and demonstrated that the respondents failed to pay rent.

Supporting Evidence

Furthermore, the petitioner has produced her statement of account from Axis bank from the period 01.01.2022 to 12.08.2025 to show the payments made by the respondent. But from the said statement, the payments so made by the respondents intermittently till the filing of the RCP cannot be easily found out without any adjudication.

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 respondent as follows; i.The respondents are hereby directed to pay monthly rent arrears of Rs.24,00,000/- (Rupees Twenty Four Lakh Only) which is due as on 31.08.2025, i.e due till the month of passing of this order, within 30 days from today.

Parties Involved

Parties

Party Role: Plaintiff
Party Name: Manjusha Jacob
Party Age: 44
Relation: D/o

Party Role: Defendant
Party Name: Shibbin Thomas
Party Age: 38
Relation: S/o

Party Role: Defendant
Party Name: Shourie Thomas
Party Age: 36
Relation: S/o

Plaintiffs Documents

Lawyer's notice dated 17.07.2024, statement of account from Axis bank.

Defendants Documents

None

Advocates

Party Role: Plaintiff
Advocate Name: Govid Padmanabhan
Appearance Type: Main Counsel

Party Role: Plaintiff
Advocate Name: Anoopa M.J.
Appearance Type: Main Counsel

Party Role: Plaintiff
Advocate Name: Sanu S. Malakeel
Appearance Type: Main Counsel

Party Role: Defendant
Advocate Name: K.V. Sabu
Appearance Type: Main Counsel

Party Role: Defendant
Advocate Name: Nikhil K. Sabu
Appearance Type: Main Counsel

Reliefs

Relief Type: Recovery

Outcome: Granted

Description:

The respondents are directed to pay monthly rent arrears of Rs.24,00,000/- due as on 31.08.2025.

Evidence:

The respondents are hereby directed to pay monthly rent arrears of Rs.24,00,000/- (Rupees Twenty Four Lakh Only) which is due as on 31.08.2025.

Relief Type: Recovery

Outcome: Granted

Description:

The respondents shall continue to remit the rent at the rate of Rs.2,00,000/- per month during the proceedings.

Evidence:

The respondents shall continue to remit the rent at the rate of Rs.2,00,000/- (Rupees Two Lakh Only) per month.

Documents & Evidence

Document Type: Lawyer's Notice

Submitted By: Plaintiff

Relevance:

The office copy of the lawyer's notice served to the respondents is used to demonstrate the claim for rent arrears.

Reference:

null

Document Type: Bank statement