Case Summary
Vinod K Mathew filed a petition seeking eviction of Jayakumar P.K. due to default in rent payments. The petitioner claims arrears amounting to Rs.4,96,000 due since July 2022.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The respondent is directed to deposit monthly rent arrears of Rs.4,96,000 and Rs.64,000, and continue paying rent of Rs.16,000 per month.
Case Type
Rent Control Petition
Final Judgment
No
Why Plaintiff Won:
The petitioner provided evidence of continuous rent default by the respondent.
The petitioner provided evidence of continuous rent default by the respondent.
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; (i) The respondent is hereby directed to deposit monthly rent arrears of Rs.4,96,000...
Parties Involved
Plaintiffs
Vinod K Mathew (62 years)
B 701, Pearl Bay Apartments, K.P. Vallon Road, Kadavanthra, Elamkulam Village, Kanayannur Taluk, Ernakulam District – 682020
Defendants
Jayakumar P.K. (52 years)
Kannikattu House, Arookutty Village, Cherthala Taluk, Alappuzha District-688535
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
The respondent is directed to deposit rent arrears of Rs.4,96,000/- within 30 days.
Evidence:
The respondent is hereby directed to deposit monthly rent arrears of Rs.4,96,000/- (Rupees Four Lakhs Ninety Six Thousand Only) which is due as on 01.02.2025, i.e the month of filing of this application, within 30 days from today.
Relief Type:
Recovery
Outcome:
Granted
Description:
The respondent is directed to deposit Rs.64,000/- for the period from 1.02.2025 to 01.06.2025 within 30 days.
Evidence:
The respondent is also hereby directed to deposit monthly rent arrears of Rs.64,000/- (Rupees Sixty Four Thousand Only) which is due from 1.02.2025 till 01.06.2025, i.e till the month of passing of this order, within 30 days from today.
Relief Type:
Recovery
Outcome:
Granted
Description:
The respondent shall continue to deposit future rent at Rs.16,000/- per month.
Evidence:
The respondent shall also continue to deposit the arrears of rent at the rate of Rs.16,000/-pm (Rupees Sixteen Thousand 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:
Rent Agreements
Submitted By:
Plaintiff
Relevance:
The petitioner produced the rent agreements dated 01.04.2019, 01.12.2020, and 01.12.2021 to support his claim for arrears.
Reference:
Document Type:
Legal Notices
Submitted By:
Plaintiff
Relevance:
The court referenced legal notices dated 10.05.2022, 08.06.2022, and 22.06.2022 regarding the respondent's arrears and objections.
Reference:
Document Type:
Oral Evidence
Submitted By:
Oral evidence
Relevance:
The case included oral submissions from both parties regarding the arrears and the understanding for the sale of the premises.
Reference: