Case Summary
Rajeendran P claims that M/s Chiyang Chinese Restaurant, represented by E.K. Antony, has defaulted on rent payments for a leased property. The petitioner seeks recovery of outstanding rent arrears along with interest.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The respondents are directed to pay monthly rent arrears of Rs.7,80,000/- with 6% interest within 30 days.
Case Type
Rent Control Petition
Final Judgment
No
The court directed the respondents to pay the monthly rent arrears along with interest. The respondents were found liable for defaulting on rent payments.
Why Plaintiff Won:
The respondents were found to have committed default in paying the monthly rent as calculated.
The respondents were found to have committed default in paying the monthly rent as calculated.
Losing Side's Weaknesses:
The respondents were found to have committed default in paying the monthly rent as calculated.
The respondents were found to have committed default in paying the monthly rent as calculated.
Supporting Evidence
Thus, the terminology 'all arrears of rent' used in S.12 will undoubtedly include interest on such arrears. In that view of the matter, we have no hesitation to hold that the petitioners will be liable to pay or deposit the arrears of rent with interest to avoid an order under S.12 of the Act.
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 respondents as follows; 1) The respondent is hereby directed to pay monthly rent arrears of Rs.7,80,000/- (Rupees Seven Lakh Eighty Thousand Only) which is due as on 31.10.2025, i.e due as date of passing of this order, with 6% interest pa, within 30 days from today.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Rajeendran P
- Party Age
- 52
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- M/s Chiyang Chinese Restaurant
- Party Role
- Defendant
- Party Name
- E.K. Antony
- Party Age
- 85
- Relation
- S/o
Plaintiffs Documents
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Shiju Varghese
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Anaina Varghese
- Appearance Type
- Assisting Counsel
- Party Role
- Plaintiff
- Advocate Name
- Manu T.M.
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- P.T. Jose
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Althaf P.A
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- Abey Augustine
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
The respondent is hereby directed to pay monthly rent arrears of Rs.7,80,000/- with 6% interest.
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 respondents as follows; 1) The respondent is hereby directed to pay monthly rent arrears of Rs.7,80,000/- (Rupees Seven Lakh Eighty Thousand Only) which is due as on 31.10.2025, i.e due as date of passing of this order, with 6% interest pa, within 30 days from today.
Relief Type:
Recovery
Outcome:
Granted
Description:
The respondent shall continue to remit the rent at the rate of Rs.40,000/- per month.
Evidence:
2) The respondent shall continue to remit the rent at the rate of Rs.40,000/- (Rupees Forty Thousand Only) per month, which may be subsequently fall due, within 15 days from the date of due till the culmination of rent control proceedings.
Documents & Evidence
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 Rajeendran P vs M/s Chiyang Chinese Restaurant and E.K. Antony regarding rent arrears
Case Code Year
Case between Rajeendran P vs M/s Chiyang Chinese Restaurant and E.K. Antony regarding rent arrears