Case Summary
The petitioners, Harihara Suthan and Rajeshwari Suthan, filed a Rent Control Petition against S.Ayyan Perumal for the recovery of arrears of rent. The court determined the respondent owed a significant amount of rent, which was not fully paid.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Payment of arrears of rent Rs. 9,96,450/-
Case Type
Rent Control Petition
Final Judgment
No
The court ruled in favor of the petitioners, allowing the Rent Control Petition and directing the respondent to pay the outstanding arrears of rent.
Why Plaintiff Won:
The respondent admitted the landlord-tenant relationship and the existence of arrears, failing to provide any evidence to dispute the claims.
The respondent admitted the landlord-tenant relationship and the existence of arrears, failing to provide any evidence to dispute the claims.
Losing Side's Weaknesses:
The respondent admitted the landlord-tenant relationship and the existence of arrears, failing to provide any evidence to dispute the claims.
The respondent admitted the landlord-tenant relationship and the existence of arrears, failing to provide any evidence to dispute the claims.
Supporting Evidence
I am of the view that as the respondent is admitting the title of the petitioners, landlord-tenant relationship, existence of tenancy, the rate of rent, the terms Exhibits A2 and A3 agreements and the respondent has not produced any rent receipts or any details of any payment for the period of default claimed by the petitioners.
Judgment Evidence:
In the result, the petition is allowed with costs directing the respondent to pay arrears of rent Rs. 9,96,450/- (Rupees Nine lakhs Ninety Six thousand Four hundred and Fifty only) for the period from November 2023 till August 2025 within one month from the date of this order.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Harihara Suthan
- Relation
- S/o
- Party Role
- Plaintiff
- Party Name
- Rajeshwari Suthan
- Relation
- D/o
- Party Role
- Defendant
- Party Name
- S.Ayyan Perumal
Plaintiffs Documents
Exhibits A1 to A9 including Leave and License agreements and Medical Reports.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- G.Harikumar
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- V.S.Vineeth Kumar
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Petitioners claim for arrears of rent.
Evidence:
The petition is allowed with costs directing the respondent to pay arrears of rent Rs. 9,96,450/- (Rupees Nine lakhs Ninety Six thousand Four hundred and Fifty only) for the period from November 2023 till August 2025 within one month from the date of this order.
Relief Type:
Recovery
Outcome:
Granted
Description:
Continued payment of rent amount.
Evidence:
The respondent shall continue to pay the rent amount of Rs.45,000/- per month which may subsequently become due in respect of the building until the termination of the proceedings before this court.
Documents & Evidence
Document Type:
Special Power of Attorney
Submitted By:
Plaintiff
Relevance:
Executed by the petitioners in favour of their son.
Reference:
Ext.A1
Document Type:
Leave and License Agreement
Submitted By:
Plaintiff
Relevance:
Agreement dated 14.12.2023 regarding accommodation for the respondent's mother.
Reference:
Ext.A2
Document Type:
Leave and License Agreement
Submitted By:
Plaintiff
Relevance:
Agreement dated 15.12.2023 regarding a jewelry business.
Reference:
Ext.A3
Document Type:
Medical Reports
Submitted By:
Plaintiff
Relevance:
Reports of the first petitioner relevant to the case.
Reference:
Ext.A4 series
Document Type:
Academic Qualification Certificates
Submitted By:
Plaintiff
Relevance:
Certificates of the first petitioner relevant to the case.
Reference:
Ext.A5 series
Document Type:
Legal Notice
Submitted By:
Plaintiff
Relevance:
Legal notice dated 04.09.2024 served to the respondent.
Reference:
Ext.A6
Document Type:
Postal Receipts
Submitted By:
Plaintiff
Relevance:
Two postal receipts relevant to the case.
Reference:
Ext.A7 series
Document Type:
Acknowledgment card
Submitted By:
Plaintiff
Relevance:
Card acknowledging receipt of documentation.
Reference:
Ext.A8
Document Type:
Statement of Accounts
Submitted By:
Plaintiff
Relevance:
Statement of accounts of the second petitioner.
Reference:
Ext.A9
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