Case Summary
Renuka Vijayan, the landlord, filed a petition against T.N Chinnappan for eviction due to non-payment of rent. The respondent claimed there was no landlord-tenant relationship but rather a licensee agreement.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The respondent is directed to pay the arrears of rent amounting to Rs.3,46,500/- along with 6% interest per annum.
Case Type
Rent Control Petition
Final Judgment
No
The court found in favor of the petitioner and allowed the eviction petition. The respondent was ordered to pay the arrears of rent along with interest.
Why Plaintiff Won:
The court established the landlord-tenant relationship based on the rental agreement and the respondent's failure to pay rent.
The court established the landlord-tenant relationship based on the rental agreement and the respondent's failure to pay rent.
Losing Side's Weaknesses:
Not available
Not available
Supporting Evidence
The petitioner's case is that she is the absolute owner as well as the landlord of petition schedule building. As per Ext.A1 agreement, petition schedule building was let out to the respondent for a monthly rent of Rs.16,500/- for a period of 10 months. But the respondent intentionally committed default in payment of rent from May 2023.
Judgment Evidence:
In the result, the petition is allowed with costs and the respondent is directed to pay the arrears of rent of Rs. 16,500/- along with 6% interest per annum from May 2023, the date of default till January 2025, the date of order which amounts to Rs.3,46,500/-.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Renuka Vijayan
- Party Age
- 53
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- T.N Chinnappan
- Relation
- S/o
Plaintiffs Documents
Copy of agreement dated 15.06.2022, Copy of legal notice dated 15.10.2023, Postal receipt, Acknowledgment card.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. Hareesh Kumar.K.L
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Sri. Manu.R.Chandran
- Appearance Type
- Assisting Counsel
- Party Role
- Plaintiff
- Advocate Name
- Smt. Anjali.M.S
- Appearance Type
- Assisting Counsel
- Party Role
- Plaintiff
- Advocate Name
- Sri. Sudhi.M.I
- Appearance Type
- Assisting Counsel
- Party Role
- Plaintiff
- Advocate Name
- Smt. L.Ushmili
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- Sri. S. Balachandran Kulasekharam
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Eviction
Outcome:
Granted
Description:
The petitioner is allowed to evict the respondent for non-payment of rent.
Evidence:
the petition is allowed with costs and the respondent is directed to pay the arrears of rent of Rs. 16,500/-
Documents & Evidence
Document Type:
Agreement
Submitted By:
Plaintiff
Relevance:
Copy of agreement dated 15.06.2022 regarding the rental terms.
Reference:
Ext.A1
Document Type:
Legal Notice
Submitted By:
Plaintiff
Relevance:
Copy of legal notice issued to the respondent demanding rent arrears.
Reference:
Ext.A2
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
Postal receipt related to the legal notice sent.
Reference:
Ext.A3
Document Type:
Acknowledgment card
Submitted By:
Plaintiff
Relevance:
Acknowledgment card confirming receipt of the legal notice.
Reference:
Ext.A4
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