Case Summary
This case involves a landlord, Leela Kamnani, seeking to evict her tenant, Sashi Kumar Gurbani, due to non-payment of rent. The landlord claims that the tenant has defaulted on the rent since April 2023.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The tenant is directed to pay arrears of rent of Rs.1,84,000/- (Rupees One lakh and Eighty Four thousand only) along with 6% interest per annum.
Case Type
Rent Control Petition
Final Judgment
No
The petition for eviction was allowed due to the tenant's default in rent payment. The court ordered the tenant to pay the arrears along with interest.
Why Plaintiff Won:
The court found evidence of a landlord-tenant relationship and corroborated the claim of rent arrears.
The court found evidence of a landlord-tenant relationship and corroborated the claim of rent arrears.
Losing Side's Weaknesses:
The court found evidence of a landlord-tenant relationship and corroborated the claim of rent arrears.
The court found evidence of a landlord-tenant relationship and corroborated the claim of rent arrears.
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 the 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
- Assisting Counsel
- Party Role
- Plaintiff
- Advocate Name
- Sri. Vaisakh Subodhan
- Appearance Type
- Assisting Counsel
- Party Role
- Plaintiff
- Advocate Name
- Smt. Anuradha.P.Nair
- Appearance Type
- Assisting 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 from the rented premises was allowed.
Evidence:
Hence, I am of the view that the petition is allowable.
Relief Type:
Recovery
Outcome:
Granted
Description:
The court directed the counter petitioner to pay arrears of rent amounting to Rs.1,84,000 with interest.
Evidence:
Hence, I am of the view that the petition is allowable.
Documents & Evidence
Document Type:
Statement of Accounts
Submitted By:
Plaintiff
Relevance:
This document was used to substantiate the rent payments made by the counter petitioner.
Reference:
Ext.A1
Document Type:
Legal Notice
Submitted By:
Plaintiff
Relevance:
This document indicates the legal notice issued to the counter petitioner regarding rent arrears.
Reference:
Ext.A2
Document Type:
Acknowledgment card
Submitted By:
Plaintiff
Relevance:
This document serves as proof of the legal proceedings and communications related to the case.
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 under the Kerala Buildings (Lease & Rent Control) Act
Case Code Year
Case between Leela Kamnani vs Sashi Kumar Gurbani regarding eviction under the Kerala Buildings (Lease & Rent Control) Act