Case Summary
Sindhu Gopan, the landlord, filed a Rent Control Petition against Mohammed Yousuf, the tenant, regarding arrears of rent. The court found that the tenant is liable to pay overdue amounts due to rental agreements.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Order for payment of arrears of rent of Rs.10,06,938/- along with 6% interest.
Case Type
Rent Control Petition
Final Judgment
No
The petition was allowed, and the counter petitioner was directed to pay arrears of rent along with interest. The court affirmed the rental obligations from the defined period.
Why Plaintiff Won:
The counter petitioner failed to provide evidence supporting claims of rent waiver during the COVID period.
The counter petitioner failed to provide evidence supporting claims of rent waiver during the COVID period.
Losing Side's Weaknesses:
The counter petitioner failed to provide evidence supporting claims of rent waiver during the COVID period.
The counter petitioner failed to provide evidence supporting claims of rent waiver during the COVID period.
Supporting Evidence
the counter petitioner has not produced any documents to substantiate these contention that there is waiver of rent from during the COVID period.
Judgment Evidence:
In the result, the petition is allowed with costs and directing the counter petitioner to pay the arrears of rent of Rs.34,722/- (Rupees Thirty Four thousand Seven hundred and Twenty Two only) from March 2023 to July 2025.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Sindhu Gopan
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Mohammed Yousuf
- Relation
- S/o
Plaintiffs Documents
License deed dated 16.04.2015, Statement of account of petitioner, Office copy of legal notice sent by petitioner, Postal receipt dated 15.11.2023, Acknowledgment card.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. G. S. Kalkura
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Sri. R.S. Kalkura
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- Sri. S. S Dileep Raj
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
The counter petitioner is directed to pay the arrears of rent along with interest.
Evidence:
In the result, the petition is allowed with costs and directing the counter petitioner to pay the arrears of rent of Rs.34,722/- (Rupees Thirty Four thousand Seven hundred and Twenty Two only) from March 2023 to July 2025, which amounts to Rs.10,06,938/- (Rupees Ten lakhs Six thousand Nine hundred and Thirty Eight only) along with 6% interest per annum within one month from the date of this order.
Documents & Evidence
Document Type:
License Deed
Submitted By:
Plaintiff
Relevance:
This document serves as the agreement under which the license for the property was granted.
Reference:
Ext.A1
Document Type:
Statement of account of petitioner
Submitted By:
Plaintiff
Relevance:
This document provides the financial record relevant to the payments made and dues outstanding.
Reference:
Ext.A2
Document Type:
Office copy of legal notice
Submitted By:
Plaintiff
Relevance:
This document evidences the communication sent by the petitioner regarding the rent dues.
Reference:
Ext.A3
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
This document serves as proof of the sending of the legal notice to the counter petitioner.
Reference:
Ext.A4
Document Type:
Acknowledgment card
Submitted By:
Plaintiff
Relevance:
This document verifies receipt of the legal notice by the counter petitioner.
Reference:
Ext.A5
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