Case Summary
Siju Mathew seeks eviction of Christo Sharan Bose for non-payment of rent. The respondent has defaulted on rental payments and owes a significant amount in arrears.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Order for payment of arrears and regular rent payments
Case Type
Rent Control Petition
Final Judgment
No
Why Plaintiff Won:
The respondent admitted to being in arrears and did not produce any evidence to contest the claims.
The respondent admitted to being in arrears and did not produce any evidence to contest the claims.
Judgment Evidence:
In the result, the petition is allowed and a direction is passed... The respondent is hereby directed to pay total monthly rent arrears of Rs.37,50,000/-...
Parties Involved
Plaintiffs
Siju Mathew (49 years)
Nedumparambil House, Ten Huts Road, Near Divine Park, Kakkanad P. O., Ernakulam -682030
Defendants
Christo Sharan Bose (24 years)
282, Sunny Estate, National Builders, Mamangalam, Palarivattom P. O., Cochin -682025
Reliefs
Relief Type:
Eviction
Outcome:
Granted
Description:
The petitioner sought eviction of the respondent on account of non-payment of rent.
Evidence:
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 total monthly rent arrears of Rs.37,50,000/- (Rupees Thirty Seven Lakh and Fifty Thousand Only) in both RCP’s, which is due as on 31.08.2025, within 30 days from today.
Relief Type:
Rent Payment
Outcome:
Granted
Description:
The respondent shall continue to remit rent for the premises until the culmination of rent control proceedings.
Evidence:
The respondent shall continue to remit the rent at the rate of Rs.2,50,000/- (Rupees Two Lakh and Fifty Thousand Only) per month, for Door Nos.36/1061 and 36/1062 in RCP 38/2025, 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:
Lease Agreement
Submitted By:
Court
Relevance:
Original lease agreements dated 23.03.2023 were produced to support the petitioner's claim.
Reference:
Document Type:
Lawyers' Notice
Submitted By:
Court
Relevance:
Copies of lawyers’ notices dated 18.10.2024 and 01.11.2024 were produced as part of the evidence.
Reference:
Document Type:
Counter affidavit
Submitted By:
Defendant
Relevance:
The defendant's counter affidavit discussed his admissions and claimed arrears.
Reference:
IA 5/2025
Document Type:
Plaint
Submitted By:
Plaintiff
Relevance:
The plaint from the defendant's suit seeking a decree of permanent prohibitory injunction was examined.
Reference:
OS No. 75/2025