Case Summary
The petitioners Soumya.M.V and Saranya.M.V seek eviction of Prime Leaders Trading and Services Private Limited and its Managing Director Shylaja.A.J due to non-payment of rent since October 2023. The counter petitioners deny any arrears of rent, claiming the petition is premature.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Eviction of counter petitioners and payment of arrears of rent amounting to Rs. 18,00,000/-.
Case Type
Rent Control Petition
Final Judgment
No
The court allowed the petition permitting the eviction of the counter petitioners due to their non-payment of rent. The counter petitioners are directed to pay arrears of rent along with interest.
Why Plaintiff Won:
The petitioners proved their landlord-tenant relationship and the counter petitioners failed to dispute the arrears of rent.
The petitioners proved their landlord-tenant relationship and the counter petitioners failed to dispute the arrears of rent.
Losing Side's Weaknesses:
The petitioners proved their landlord-tenant relationship and the counter petitioners failed to dispute the arrears of rent.
The petitioners proved their landlord-tenant relationship and the counter petitioners failed to dispute the arrears of rent.
Supporting Evidence
The petitioners had no case that they have remitted rent for the period of default alleged by the petitioners or had a case that even though the counter petitioners had paid rent, the petitioners had no issued any rent receipts.
Judgment Evidence:
In the result, the petition is allowed with costs directing the counter petitioners to pay arrears of rent of Rs. 1,00,000/- (Rupees One lakh only) per month from October 2023 till March 2025 which amounts to Rs.18,00,000/- (Rupees Eighteen lakhs only) along with 6% interest per annum within one month from the date of this order.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Soumya.M.V
- Party Age
- 35
- Relation
- D/o
- Party Role
- Plaintiff
- Party Name
- Saranya.M.V
- Party Age
- 33
- Relation
- D/o
- Party Role
- Defendant
- Party Name
- Prime Leaders Trading and Services Private Limited
- Relation
- Represented by
- Party Role
- Defendant
- Party Name
- Shylaja.A.J
- Party Age
- 52
- Relation
- W/o
Plaintiffs Documents
Rent deed dated 21.02.2023, Office copy of legal notice dated 22.05.2024, Postal receipts.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Smt. Bindu.B
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sri.K.S.Vinod
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Smt. Nima Vinod
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- Sri. Abdullah Asgar
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Eviction
Outcome:
Granted
Description:
The petitioners sought eviction of the counter petitioners from the petition schedule building.
Evidence:
Considering the above analysis, it is found out that petition is allowable and petitioners are entitled for the arrears of rent as sought for.
Relief Type:
Recovery
Outcome:
Granted
Description:
The petitioners sought the recovery of arrears of rent amounting to Rs. 18,00,000.
Evidence:
The petition is allowed with costs directing the counter petitioners to pay arrears of rent of Rs. 1,00,000/- (Rupees One lakh only) per month from October 2023 till March 2025 which amounts to Rs.18,00,000/- (Rupees Eighteen lakhs only) along with 6% interest per annum.
Documents & Evidence
Document Type:
Rent Deed
Submitted By:
Plaintiff
Relevance:
It establishes the landlord-tenant relationship and terms of rent payment.
Reference:
Ext.A1
Document Type:
Office copy of the legal notice
Submitted By:
Plaintiff
Relevance:
It serves as a formal notification to the counter petitioners regarding the rent default.
Reference:
Ext.A2
Document Type:
Postal Receipts
Submitted By:
Plaintiff
Relevance:
They provide evidence of the sending of legal communications.
Reference:
Ext.A3 series
Document Type:
Acknowledgment card
Submitted By:
Plaintiff
Relevance:
It confirms receipt of the legal notice by the counter petitioners.
Reference:
Ext.A4
Document Type:
Returned Legal Notice
Submitted By:
Plaintiff
Relevance:
It indicates that the notice sent to the counter petitioners was not received successfully.
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
R.C.P.NO.
Case Code Year
2024