Case Summary
The case involves a petition filed by the landlord, The Trivandrum Ex-Servicemen Automobile Engineering & Transport Industrial Co-operative Society Ltd., to evict the tenants, M/s. Redcherry Hospitality Pvt. Ltd. and Shanavas Salahudeen, for non-payment of rent. The court found that the tenants failed to pay the outstanding rent as per the lease agreement.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Respondents directed to pay arrears of rent of Rs.82,99,338/- and continue to pay rent as per the agreement.
Case Type
Rent Control Petition
Final Judgment
No
The court allowed the petition for eviction and directed the respondents to pay the arrears of rent.
Why Plaintiff Won:
The petitioner was entitled to the arrears of rent claimed in the petition.
The petitioner was entitled to the arrears of rent claimed in the petition.
Losing Side's Weaknesses:
The petitioner was entitled to the arrears of rent claimed in the petition.
The petitioner was entitled to the arrears of rent claimed in the petition.
Supporting Evidence
Hence I am of the opinion that the petitioner is entitled for the arrears of rent claimed in the petition.
Judgment Evidence:
In the result, the petition is allowed with costs and respondents are directed to pay arrears of rent of Rs.82,99,338/- as on 31.07.2023.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- The Trivandrum Ex-Servicemen Automobile Engineering & Transport Industrial Co-operative Society Ltd.
- Relation
- Represented by
- Party Role
- Defendant
- Party Name
- M/s. Redcherry Hospitality Pvt. Ltd.
- Relation
- Represented by
- Party Role
- Defendant
- Party Name
- Shanavas Salahudeen
- Relation
- Managing Director
Plaintiffs Documents
Lease agreement No.1897/118 of SRO, Chalai dated 02.07.2018, Supplementary agreement of lease dated 02.05.2022.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri.N.Chandrasekharan Nair
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sri.Muhamad Shah.M.K
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sri. Abhilash.N.G.S
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- Sri. Suhas Balachandran
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Eviction
Outcome:
Granted
Description:
Eviction of the counter petitioners from the petition schedule building due to non-payment of rent.
Evidence:
Hence this petition. In the result, the petition is allowed with costs and respondents are directed to pay arrears of rent of Rs.82,99,338/-.
Relief Type:
Recovery
Outcome:
Granted
Description:
Recovery of arrears of rent amounting to Rs.82,99,338/- from the respondents.
Evidence:
In the result, the petition is allowed with costs and respondents are directed to pay arrears of rent of Rs.82,99,338/-.
Documents & Evidence
Document Type:
Lease Agreement
Submitted By:
Plaintiff
Relevance:
The document establishes the lease between the petitioner and the respondents, which is central to the eviction case.
Reference:
No.1897/118 of SRO, Chalai dated 02.07.2018
Document Type:
Supplementary Agreement of Lease
Submitted By:
Plaintiff
Relevance:
This document outlines the conditions related to the payment of rent and is integral to the court's findings regarding default.
Reference:
dated 02.05.2022
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