Case Summary
Dr.S.Krishna Kumar filed a petition for eviction against Manoj, the tenant, due to arrears of rent and the need for the property for his daughter returning from the UK. The court found that the tenant had defaulted on rent payments and ruled in favor of the petitioner.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Directing the counter petitioner to pay Rs.3,15,000 along with monthly rent of Rs.15,000 from March 2024 till January 2025 with interest.
Case Type
Rent Control Petition
Final Judgment
No
The petition for eviction was allowed, directing the counter petitioner to pay the arrears of rent and continue to pay future rents. The court ordered the tenant to remit Rs.3,15,000 along with monthly rent.
Why Plaintiff Won:
The counter petitioner had not substantiated claims of rent payment and the petitioner proved the need for eviction.
The counter petitioner had not substantiated claims of rent payment and the petitioner proved the need for eviction.
Losing Side's Weaknesses:
Not available
Not available
Supporting Evidence
The court found that the counter petitioner has not produced any documents to substantiate that he has paid or deposited the rent for the period of default alleged in the petition.
Judgment Evidence:
In the result, the petition is allowed with costs directing the counter petitioner to pay Rs.3,15,000 (Rupees Three lakhs and Fifteen thousand only) along with Rs.15,000 per month from March 2024 till January 2025 with interest of 6% per annum within one month from the date of this order.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Dr.S.Krishna Kumar
- Party Age
- 82
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Manoj
- Party Age
- 50
- Relation
- S/o
Plaintiffs Documents
Copy of Rent Deed dated 01.08.2022, Copy of letter issued by the Petitioner dated 30.04.2023, Copy of agreement dated 26.09.2023, Copy of agreement for reinstating the electricity connection dated 28.09.2023, Copy of complaint before SHO dated 17.10.2023, Copy of building tax receipt dated 09.05.2024.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri.M. Salahudeen
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sri.Kanjiramattom.T.K. Siraj
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Smt. Nimmy Raj
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Smt. Devisree. V. J
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Eviction
Outcome:
Granted
Description:
Eviction of the counter petitioner from the petition schedule building was requested.
Evidence:
Therefore the petition is allowable and the point No.1 is found in favour of the petitioner.
Relief Type:
Recovery
Outcome:
Granted
Description:
The counter petitioner was directed to pay arrears of rent amounting to Rs.3,15,000/- along with monthly rent until termination of the proceedings.
Evidence:
the petition is allowed with costs directing the counter petitioner to pay Rs.3,15,000/- ... along with Rs.15,000/- per month from March 2024 till January 2025
Documents & Evidence
Document Type:
Rent Deed
Submitted By:
Plaintiff
Relevance:
The document evidences the lease agreement dated 01.08.2022 under which the petition schedule building was let out to the counter petitioner.
Reference:
Ext.A1
Document Type:
Letter
Submitted By:
Plaintiff
Relevance:
This letter was issued by the petitioner requesting the counter petitioner to vacate the petition schedule building.
Reference:
Ext.A2
Document Type:
Agreement
Submitted By:
Plaintiff
Relevance:
This agreement executed by the counter petitioner indicates his undertaking to vacate the petition schedule building and pay the arrears of rent.
Reference:
Ext.A3
Document Type:
Agreement for Reinstating Electricity
Submitted By:
Plaintiff
Relevance:
This agreement executed by the counter petitioner pertains to reinstating the electricity connection.
Reference:
Ext.A4
Document Type:
Complaint
Submitted By:
Plaintiff
Relevance:
This is a complaint filed by the petitioner before the SHO regarding the non-compliance of the assurance given by the counter petitioner.
Reference:
Ext.A5
Document Type:
Building Tax Receipt
Submitted By:
Plaintiff
Relevance:
This tax receipt issued by the Corporation of Thiruvananthapuram relates to the petition schedule building.
Reference:
Ext.A6
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
2024