Case Summary
The petitioners, landlords, filed an application against the respondent, a tenant, for payment or deposit of arrears of rent. The petitioners claim the respondent has defaulted on rent payments since July 2020, while the respondent contends he has been paying rent promptly and has made improvements to the property.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Respondent to pay arrears of rent of Rs.12,000/- per month from July 2020 onwards, amounting to Rs.7,44,000/- plus interest.
Case Type
Rent Control Petition
Final Judgment
No
The court allowed the petition, directing the respondent to pay the arrears of rent from July 2020 onwards. The total arrears amount to Rs.7,44,000/- along with 6% interest per annum.
Why Plaintiff Won:
The respondent failed to substantiate payments and had no evidence supporting his claims regarding the condition of the building.
The respondent failed to substantiate payments and had no evidence supporting his claims regarding the condition of the building.
Losing Side's Weaknesses:
The respondent failed to substantiate payments and had no evidence supporting his claims regarding the condition of the building.
The respondent failed to substantiate payments and had no evidence supporting his claims regarding the condition of the building.
Supporting Evidence
The respondent has not produced any documents to substantiate the payments made by him to the petitioner or any account statement for the constructions alleged to be made by him with the consent of the petitioner.
Judgment Evidence:
In the result, the petition is allowed with costs and directing the respondent to pay the arrears of rent of Rs.12,000/- (Rupees Twelve thousand only) per month from July 2020 onwards till the date of this order, which amounts to Rs.7,44,000/- (Rupees Seven lakhs and Forty 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
- St. Thomas Evangelical Fellowship of India
- Party Role
- Plaintiff
- Party Name
- Reverend Joy Mathew
- Relation
- Represented by
- Party Role
- Plaintiff
- Party Name
- P P Kurien
- Relation
- Represented by
- Party Role
- Defendant
- Party Name
- Jose Panachikkal Peter
Plaintiffs Documents
Original Rental Agreement dated 02.07.2019, Copy of acknowledgment cards, Copy of postal receipts, Advocate notice dated 09.05.2022, Reply notice dated 15.06.2022, Decision dated 29.04.2022.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri.V. Suresh
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Smt.P.A. Sindhu
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Smt.Jalaja Saisree
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Smt.Ramya Gopalakrishnan
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sri. V. N. Gopalakrishnan Nair
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
The petitioners were granted a recovery of arrears of rent from the tenant.
Evidence:
The petition is allowed with costs and directing the respondent to pay the arrears of rent of Rs.12,000/- (Rupees Twelve thousand only) per month from July 2020 onwards.
Documents & Evidence
Document Type:
Original rental agreement
Submitted By:
Plaintiff
Relevance:
The original rental agreement dated 02.07.2019 establishes the landlord-tenant relationship and rent amount.
Reference:
Ext.A1
Document Type:
Acknowledgment Cards and Postal Receipts
Submitted By:
Plaintiff
Relevance:
These documents support the claim related to the landlord's communications with the tenant.
Reference:
Ext.A2 series
Document Type:
Advocate Notice
Submitted By:
Plaintiff
Relevance:
The advocate notice dated 09.05.2022 was issued to demand payment of arrears.
Reference:
Ext.A2
Document Type:
Reply Notice
Submitted By:
Plaintiff
Relevance:
The reply notice dated 15.06.2022 addresses the tenant's objections to the arrears.
Reference:
Ext.A3
Document Type:
Decision of Executive Committee
Submitted By:
Plaintiff
Relevance:
This decision authorizes the second petitioner to conduct the petition.
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
2022