Case Summary
Mr. K. O. Joseph and Mrs. Mary, the petitioners, are seeking eviction of Mr. Abdul Sathar due to unpaid rent amounting to Rs. 1,80,180. The respondent has been irregular in payment and has acknowledged the tenancy and the agreed-upon rent.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The respondent is directed to pay total rent arrears of Rs. 3,30,330 within stated time frames.
Case Type
Rent Control Petition
Final Judgment
No
The court allowed the petition, directing the respondent to pay the rent arrears within 30 days. The petitioners are entitled to the relief sought for due to the respondent's default in payment.
Why Plaintiff Won:
The respondent did not provide sufficient evidence to support the contention of no arrears.
The respondent did not provide sufficient evidence to support the contention of no arrears.
Losing Side's Weaknesses:
The respondent did not provide sufficient evidence to support the contention of no arrears.
The respondent did not provide sufficient evidence to support the contention of no arrears.
Supporting Evidence
The contention of the respondent is not sustainable in the absence of any materials on record to support his contention.
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; The respondent is hereby directed to pay monthly rent arrears of Rs.1,80,180/-... The respondent shall also deposit the arrears of rent at the rate of Rs. Rs.30,030/-pm...
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Mr. K. O. Joseph
- Party Age
- 62
- Relation
- S/o.
- Party Role
- Plaintiff
- Party Name
- Mrs. Mary
- Party Age
- 83
- Relation
- W/o.
- Party Role
- Defendant
- Party Name
- Mr. Abdul Sathar
- Party Age
- 53
- Relation
- S/o.
Plaintiffs Documents
Legal notices dated 31.08.2024 and 23.09.2024
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Syam Kumar C.R.
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Suneethi S.
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Indrajith Dileep
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Anjala Zazrin Subair
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Nidhin Raj Vettikkadan
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Anjo Francis
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Keerthana Rajeev
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
The respondent is directed to pay monthly rent arrears of Rs.1,80,180/- and Rs.1,50,150/-.
Evidence:
The respondent is hereby directed to pay monthly rent arrears of Rs.1,80,180/- (Rupees One Lakh Eighty Thousand One Hundred and Eighty Only) which is due from 01.04.2024 till 01.10.2024, i.e the month of filing of this application, within 30 days from today.
Relief Type:
Recovery
Outcome:
Granted
Description:
The respondent is also directed to pay monthly rent arrears due from 01.11.2024 till 01.04.2025.
Evidence:
The respondent is also hereby directed to pay monthly rent arrears of Rs.1,50,150/- (Rupees One Lakh Fifty Thousand One hundred and fifty Only) which is due from 01.11.2024 till 01.04.2025, i.e the month of passing of this order, within 30 days from today.
Relief Type:
Recovery
Outcome:
Granted
Description:
The respondent shall deposit future rent dues.
Evidence:
The respondent shall also deposit the arrears of rent at the rate of Rs. Rs.30,030/-pm (Rupees Thirty Thousand and Thirty Only), 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:
Legal Notice
Submitted By:
Plaintiff
Relevance:
The petitioners produced legal notices dated 31.08.2024 and 23.09.2024 sent to the respondent to settle the arrears.
Reference:
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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 Mr. K. O. Joseph, Mrs. Mary vs Mr. Abdul Sathar regarding eviction for rent arrears
Case Code Year
Case between Mr. K. O. Joseph, Mrs. Mary vs Mr. Abdul Sathar regarding eviction for rent arrears