Case Summary
Benedict Earnest and Sheela Benedit filed a petition against RAHA Ayurveda Hospital and its proprietor A.M. Aslam for recovery of rental arrears. The petitioners claim that the respondents have not paid rent for the leased apartment since September 2023, totaling significant arrears.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Respondents directed to pay monthly rent arrears of Rs. 1,54,000 and continue remitting rent.
Case Type
Rental Control Petition
Final Judgment
No
The court found merit in the petitioners' claim for rental arrears and partly allowed the petition. The respondents are directed to pay the arrears within 30 days.
Why Plaintiff Won:
The petioners provided sufficient evidence of the respondents' non-payment of rent.
The petioners provided sufficient evidence of the respondents' non-payment of rent.
Losing Side's Weaknesses:
Not available
Not available
Supporting Evidence
The enquiry allowed is scrutiny of the petitions under S.11 and S.12 of the Act, the objections thereto and the other materials brought on record by either parties for purpose only of ascertaining admission regarding landlord-tenant relationship, the rate of monthly rent and the quantum of arrears of rent payable.
Judgment Evidence:
In the result, the petition is allowed in part and a direction is passed under Section 12 (1) of the Kerala Buildings (Lease & Rent Control) Act against the respondent as follows; 1. The respondent is hereby directed to pay monthly rent arrears of Rs. 1,54,000 (Rupees One lakh Fifty Four thousand only) which is due as on 31.10.2025, within 30 days from today.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Benedict Earnest
- Party Age
- 65
- Relation
- S/o
- Party Role
- Plaintiff
- Party Name
- Sheela Benedit
- Party Age
- 64
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- RAHA Ayurveda Hospital
- Relation
- represented by
- Party Role
- Defendant
- Party Name
- A.M. Aslam
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Dr. A.M. Anwar
- Relation
- S/o
Plaintiffs Documents
Rent agreement dated 06.11.2021, lawyers' notices dated 22.02.2024
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- C.S. Manu
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Dilu Joseph
- Appearance Type
- Assisting Counsel
- Party Role
- Plaintiff
- Advocate Name
- C.A. Anupaman
- Appearance Type
- Assisting Counsel
- Party Role
- Plaintiff
- Advocate Name
- T.B. Sivaprasad
- Appearance Type
- Assisting Counsel
- Party Role
- Plaintiff
- Advocate Name
- Neethu
- Appearance Type
- Assisting Counsel
- Party Role
- Plaintiff
- Advocate Name
- Vijay
- Appearance Type
- Assisting Counsel
- Party Role
- Plaintiff
- Advocate Name
- Manju E.R
- Appearance Type
- Assisting Counsel
- Party Role
- Plaintiff
- Advocate Name
- Anandhu
- Appearance Type
- Assisting Counsel
- Party Role
- Plaintiff
- Advocate Name
- Line Joseph
- Appearance Type
- Assisting Counsel
- Party Role
- Plaintiff
- Advocate Name
- Paul Jose
- Appearance Type
- Assisting Counsel
- Party Role
- Plaintiff
- Advocate Name
- Dainy Davis
- Appearance Type
- Assisting Counsel
- Party Role
- Plaintiff
- Advocate Name
- Rilna Radhakrishnan
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- Sajeeb K. Yusuf
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Partly Granted
Description:
The respondent is directed to pay the overdue rent arrears amounting to Rs.1,54,000.
Evidence:
the petitioner is entitled to the relief as found out.
Relief Type:
Recovery
Outcome:
Granted
Description:
The respondent shall continue to remit the rent at the rate of Rs.14,000 per month for the apartment.
Evidence:
The respondent shall continue to remit the rent at the rate of Rs.14,000/- (Rupees Fourteen thousand Only) per month.
Documents & Evidence
Document Type:
Rent Agreement
Submitted By:
Plaintiff
Relevance:
The document establishes the terms of the lease agreement between the petitioner and the respondents for apartment No.502.
Reference:
null
Document Type:
Lawyer's Notice
Submitted By:
Plaintiff
Relevance:
The notice indicates the petitioner's attempts to communicate about the overdue rent to the respondents.
Reference:
null
Case Classification
Case Type
Rental Control Petition
Category
Eviction and Rent Control
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Common Reasons
Case Code
Case between Benedict Earnest et al vs RAHA Ayurveda Hospital et al regarding rental arrears
Case Code Year
Case between Benedict Earnest et al vs RAHA Ayurveda Hospital et al regarding rental arrears