Case Summary
The case involves Poly P. John seeking eviction of his tenant Shibu Antony for failure to pay rent arrears. The respondent claims the petitioner misrepresented rent deductions due to maintenance work.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The respondent is directed to pay monthly rent arrears of Rs.87,500/- and subsequent rent due.
Case Type
Rent Control Petition
Final Judgment
No
The petition is allowed and the respondent is directed to pay the outstanding rent arrears within 30 days. Additionally, the respondent must deposit future rent within 15 days of its due date.
Why Plaintiff Won:
The court found the respondent liable for rent arrears supported by admissions from the respondent and documentation.
The court found the respondent liable for rent arrears supported by admissions from the respondent and documentation.
Losing Side's Weaknesses:
The court found the respondent liable for rent arrears supported by admissions from the respondent and documentation.
The court found the respondent liable for rent arrears supported by admissions from the respondent and documentation.
Supporting Evidence
The inquiry indicated that the respondent was liable to pay arrears of rent which was substantiated by admissions made by the respondent in prior communications and agreements.
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; 1.The respondent is hereby directed to pay monthly rent arrears of Rs.87,500/- (Rupees Eighty Seven Thousand Five Hundred Only) which is due till 01.03.2025, i.e the month of filing of this application, within 30 days from today.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Poly P. John
- Party Age
- 62
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Shibu Antony
- Party Age
- 54
- Relation
- S/o
Plaintiffs Documents
Original rent agreements dated 23.03.2024 and 03.08.2024, detailed statement of arrears.
Defendants Documents
Bank statements showing payments made on specific dates.
Advocates
- Party Role
- Plaintiff
- Advocate Name
- S. Sudhish Kumar
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Harikrishna
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Pallavi K.B.
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- K.B. Dayal
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Baby K.K.
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Krishob K. Nair
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
The respondent is directed to pay monthly rent arrears of Rs.87,500/- due till 01.03.2025.
Evidence:
The petitioner is entitled to the relief as sought for. Hence, Point no. 1 is found in favour of the petitioner and it is answered accordingly.
Relief Type:
Recovery
Outcome:
Granted
Description:
The respondent shall also deposit the arrears of rent at the rate of Rs.17,500/- pm for subsequent dues.
Evidence:
The respondent shall also deposit the arrears of rent at the rate of Rs.17,500/-pm (Rupees Seventeen Thousand Five Hundred Only), which may be subsequently fall due, within 15 days from the date of due.
Documents & Evidence
Document Type:
Rent Agreement
Submitted By:
Court
Relevance:
The court refers to original rent agreements dated 23.03.2024 and 03.08.2024 executed between the parties to assess arrears of rent.
Reference:
null
Document Type:
Email Communication
Submitted By:
Plaintiff
Relevance:
The petitioner submitted an email dated 05.11.2024 where the respondent admitted rent arrears since May 2024 and requested time for payment.
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
R.C.P.
Case Code Year
2024