Case Summary
Vinod K Mathew has filed a petition seeking eviction of Jayakumar P.K. on the grounds of default in payment of rent. The respondent has not paid rent from July 2022, totaling Rs. 4,96,000/- in arrears.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Respondent directed to deposit Rs. 4,96,000/- and continue depositing future rent
Case Type
Rent Control Petition
Final Judgment
No
Why Plaintiff Won:
The respondent demonstrated willful omission in paying rent, which justifies eviction proceedings.
The respondent demonstrated willful omission in paying rent, which justifies eviction proceedings.
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/- (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.
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 the 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 additional monthly rent arrears of Rs.64,000/- 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 is directed to continue depositing future rent of Rs.16,000/- pm until the culmination of the rent control proceedings.
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 rent agreements dated 01.04.2019, 01.12.2020, and 01.12.2021 to support his claim for rent arrears.
Reference:
Document Type:
Legal Notice
Submitted By:
Plaintiff
Relevance:
A legal notice dated 10.05.2022 was issued to the respondent regarding the rent arrears.
Reference:
Document Type:
Reply Notices
Submitted By:
Defendant
Relevance:
The respondent issued a reply notice dated 08.06.2022 raising a contention about an alleged understanding between the parties regarding a sale deed.
Reference: