Case Summary
Debu Raju, the petitioner, is seeking payment of arrears of rent from Saritha Suresh, the counter petitioner, who has not paid rent for the leased shop room since 2019. The court found the petition maintainable and in favor of the petitioner.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Respondent to pay Rs.2,15,250/- along with interest at the rate of 6% per annum
Case Type
Rent Control Petition
Final Judgment
No
The court allowed the petition, directing the respondent to pay the pending rent along with interest. The court emphasized the respondent's failure to provide evidence of having paid any rent.
Why Plaintiff Won:
The court found that the denial of landlord-tenant relationship by the respondent was not bonafide and that the petition was maintainable.
The court found that the denial of landlord-tenant relationship by the respondent was not bonafide and that the petition was maintainable.
Losing Side's Weaknesses:
Not available
Not available
Supporting Evidence
The respondent has no case that she had paid any rent for the period alleged in the petition and also not seen produced any documents to substantiate the payment of rent.
Judgment Evidence:
In the result, the petition is allowed directing the respondent to pay monthly rent of Rs.3,500/- (Rupees Three thousand and Five hundred only) from 16.11.2019 till the date of this order which amounts to Rs.2,15,250/- (Rupees Two lakhs Fifteen thousand Two hundred and Fifty only) along with interest at the rate of 6% per annum within one month from the date of this order.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Debu Raju
- Party Age
- 72
- Relation
- W/o.Late Koshy Raju
- Party Role
- Defendant
- Party Name
- Saritha Suresh
- Party Age
- 50
- Relation
- D/o Raveendran
Plaintiffs Documents
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. Mohan Varughese
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sri. S. Aravind Babu
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
The petition is allowed directing the respondent to pay monthly rent of Rs.3,500/- from 16.11.2019.
Evidence:
Hence point No.1 is found in favour of the petitioner.
Documents & Evidence
Document Type:
Lease Agreement
Submitted By:
Plaintiff
Relevance:
The court referred to the lease agreement dated 20.11.2019 to establish the terms of tenancy and rental obligations.
Reference:
null
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
2023