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
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.
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.
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