Case Summary
Leela Kamnani, the landlord, filed a petition against Sashi Kumar Gurbani, the tenant, for eviction due to default in rent payments. The tenant contended that there was no formal landlord-tenant relationship.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Eviction order and payment of arrears of rent totaling Rs.1,84,000/-.
Case Type
Rent Control Petition
Final Judgment
No
The court allowed the petition and ordered the tenant to pay all arrears of rent and to continue paying due rent. The decision was based on the established landlord-tenant relationship.
Why Plaintiff Won:
The court found that a binding landlord-tenant relationship existed and substantiated by rent payments.
The court found that a binding landlord-tenant relationship existed and substantiated by rent payments.
Losing Side's Weaknesses:
Not available
Not available
Supporting Evidence
Hence, on the above analysis, it can very well be concluded that the petitioner and the counter petitioner are having landlord-tenant relationship and there was tenancy in existence and the quantum of rent is Rs.8,000/- (Rupees Eight thousand only) per month.
Judgment Evidence:
In the result, the petition is allowed with costs and directing the counter petitioner to pay arrears of rent of Rs.8,000/- (Rupees Eight thousand only) per month from April 2023 till the date of the order which amounts to Rs.1,84,000/- (Rupees One lakh and Eighty Four thousand only) along with 6% interest per annum within one month from the date of this order.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Leela Kamnani
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Sashi Kumar Gurbani
- Relation
- S/o
Plaintiffs Documents
Statement of Accounts issued by Bank of Baroda, Copy of legal notice dated 15.07.2024, Acknowledgment card
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri.Nair Ajay Krishnan
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Sri. Vishnu.S
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Sri. Vaisakh Subodhan
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Smt. Anuradha.P.Nair
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sri. M. Muralikumar
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Eviction
Outcome:
Granted
Description:
The petition for eviction of the counter petitioner was allowed.
Evidence:
Hence, I am of the view that the petition is allowable.
Relief Type:
Recovery
Outcome:
Granted
Description:
The counter petitioner was ordered to pay arrears of rent and continue to pay rent.
Evidence:
The petition is allowed with costs and directing the counter petitioner to pay arrears of rent of Rs.8,000/- (Rupees Eight thousand only) per month from April 2023 till the date of the order.
Documents & Evidence
Document Type:
Statement of Accounts
Submitted By:
Plaintiff
Relevance:
The document serves as proof of the rent payments made by the counter petitioner to the landlord.
Reference:
Ext.A1
Document Type:
Legal Notice
Submitted By:
Plaintiff
Relevance:
The legal notice was issued to inform the counter petitioner about the rent default.
Reference:
Ext.A2
Document Type:
Acknowledgment card
Submitted By:
Plaintiff
Relevance:
The acknowledgment card is related to the legal notice sent to the counter petitioner.
Reference:
Ext.A3
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
Case between Leela Kamnani vs Sashi Kumar Gurbani regarding eviction and unpaid rent.
Case Code Year
Case between Leela Kamnani vs Sashi Kumar Gurbani regarding eviction and unpaid rent.