Case Summary
D Joy, the landlord, filed a petition against Ahmedummal, the tenant, for the payment of arrears of rent. The tenant disputed the landlord's title and claimed possession of the property since 1982.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Respondent to pay Rs. 7,84,320/- with interest and continue to pay monthly rent.
Case Type
Rent Control Petition
Final Judgment
No
The court allowed the petition, directing the respondent to pay the arrears of rent from January 2011 onwards. The court found in favor of the landlord.
Why Plaintiff Won:
The petitioner provided evidence of title and the tenant's failure to pay rent.
The petitioner provided evidence of title and the tenant's failure to pay rent.
Losing Side's Weaknesses:
The petitioner provided evidence of title and the tenant's failure to pay rent.
The petitioner provided evidence of title and the tenant's failure to pay rent.
Supporting Evidence
It is prima facie revealed that the petitioner is the owner of the petition schedule building and became landlord of the petition schedule building on the death of his father.
Judgment Evidence:
In the result, the petition is allowed with costs directing the respondent to pay the arrears of rent of Rs. 5,160/- per month from January 2011 onwards till August 2025 which amounts to Rs.7,84,320/- (Rupees Seven lakhs Eighty Four thousand Three hundred and Twenty only) along with 6% interest per annum.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- D Joy
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Ahmedummal
- Relation
- W/o
Plaintiffs Documents
Copy of Partition Deed No.688/2018, Property Tax Receipt, Copy of receipt issued by Nedumangadu Municipality dated 02.03.2022, Copy of receipt issued by Nedumangadu Municipality dated 24.02.2022, Copy of Notice for survey preparatory to land acquisition dated 18.03.2020.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri.V. Suresh
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Smt. P.A. Sindhu
- Appearance Type
- Assisting Counsel
- Party Role
- Plaintiff
- Advocate Name
- Smt. Jalaja Saisree
- Appearance Type
- Assisting Counsel
- Party Role
- Plaintiff
- Advocate Name
- Smt. Ramya Gopalakrishnan
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- Sri. S. Shanavas
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
The petitioner is granted recovery of arrears of rent.
Evidence:
In the result, the petition is allowed with costs directing the respondent to pay the arrears of rent of Rs. 5,160/- per month from January 2011 on wards till August 2025 which amounts to Rs.7,84,320/- (Rupees Seven lakhs Eighty Four thousand Three hundred and Twenty only) along with 6% interest per annum within one month from the date of the order.
Documents & Evidence
Document Type:
Partition Deed
Submitted By:
Plaintiff
Relevance:
Establishes the petitioner's ownership of the petition schedule building.
Reference:
Ext.A1
Document Type:
Property Tax Receipt
Submitted By:
Plaintiff
Relevance:
Validates the petitioner's claim regarding the property in which the petition schedule building is situated.
Reference:
Ext.A2
Document Type:
Receipt from Municipality
Submitted By:
Plaintiff
Relevance:
Provides evidence of the municipal authority's acknowledgment related to the property.
Reference:
Ext.A3
Document Type:
Receipt from Municipality
Submitted By:
Plaintiff
Relevance:
Further supports the petitioner's claims with municipal documentation.
Reference:
Ext.A4
Document Type:
Notice
Submitted By:
Plaintiff
Relevance:
Related to land acquisition, providing context for the property.
Reference:
Ext.A5
Case Classification
Case Type
Rent Control Petition
Category
Eviction and Rent Control
District
Thiruvananthapuram
State
Kerala
Court Establishment
Munsiff Court Thiruvananthapuram
Common Reasons
Non-payment of rent
Case Code
RCP.NO.
Case Code Year
2022