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I.A. No. 04/2025 in R.C.P. 92/2022

Case between Vinod K Mathew vs Jayakumar P.K. regarding eviction due to rent default

Court
THE COURT OF THE THIRD ADDL. MUNSIFF & RENT CONTROLLER, ERNAKULAM
Judge
SMT. REEJA R. NAIR.
Order Date
2025-06-17
Duration
approximately-3 years 8 months
Case Closed

Judgement document from eCourt website

Judgment Document
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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

Plaintiff Won
Interim Order
The court has allowed the petition, directing the respondent to deposit arrears of rent totaling Rs. 4,96,000/- within 30 days. Failure to comply will result in further actions.
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
The court has allowed the petition, directing the respondent to deposit arrears of rent totaling Rs. 4,96,000/- within 30 days. Failure to comply will result in further actions.
Why Plaintiff Won:
The respondent demonstrated willful omission in paying rent, which justifies eviction proceedings.
Losing Side's Weaknesses:
The respondent demonstrated willful omission in paying rent, which justifies eviction proceedings.
Supporting Evidence
The petitioner emphasizes that this amount is in addition to the earlier arrears claimed in the RCP and that the respondent's continued default demonstrates a willful omission, disqualifying them from retaining possession of the rented premises.

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

Parties

Party Role
Plaintiff
Party Name
Vinod K Mathew
Party Age
62
Relation
S/o
Party Role
Defendant
Party Name
Jayakumar P.K.
Party Age
52
Relation
S/o
Plaintiffs Documents
Rent agreements dated 01.04.2019, 01.12.2020, and 01.12.2021, legal notice dated 10.05.2022
Defendants Documents

Advocates

Party Role
Plaintiff
Advocate Name
Jjolly John
Appearance Type
Main Counsel
Party Role
Plaintiff
Advocate Name
Liza Meghan
Appearance Type
Assisting Counsel
Party Role
Plaintiff
Advocate Name
Irene Babu
Appearance Type
Assisting Counsel
Party Role
Plaintiff
Advocate Name
Fathima Nisthar
Appearance Type
Assisting Counsel
Party Role
Defendant
Advocate Name
Jose p. Joseph
Appearance Type
Main Counsel

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:

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 Vinod K Mathew vs Jayakumar P.K. regarding eviction due to rent default
Case Code Year
Case between Vinod K Mathew vs Jayakumar P.K. regarding eviction due to rent default

Quick Facts

Location
Ernakulam
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Case Filed
Fri, 06/17/2022 - 12:00
Case Closed
From
Sun, 06/01/2025 - 12:00
To
Mon, 06/30/2025 - 12:00
Outcome Confidence
95%

Involved Entities

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