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
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.
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
Plaintiffs
Mr. K. O. Joseph (62 years)
Koomullil House, Thammanam P.O., Edappally South village, Ernakulam-682032
Mrs. Mary (83 years)
Koomullil House, Thammanam P.O., Edappally South village, Ernakulam-682032
Defendants
Mr. Abdul Sathar (53 years)
Pallikkal House, Mombana Muri, Arookutty village, Arookutty P.O., Alappuzha-688535
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:
null