Case Summary
TS. Gopakumar, the landlord, filed a petition against R.Mini Chandran, the tenant, for the payment of arrears of rent as per the rental agreement. The tenant defaulted on rent payments since December 2023.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Order to pay Rs.16,000 per month in arrears of rent totaling Rs.3,20,000 along with interest.
Case Type
Rent Control Petition
Final Judgment
No
The court ordered R.Mini Chandran to pay Rs.16,000 per month in rent from December 2023 until July 2025, totaling Rs.3,20,000, along with 6% interest per annum.
Why Plaintiff Won:
The tenant defaulted on rent payments and failed to provide evidence for any defense against the payment.
The tenant defaulted on rent payments and failed to provide evidence for any defense against the payment.
Losing Side's Weaknesses:
The tenant defaulted on rent payments and failed to provide evidence for any defense against the payment.
The tenant defaulted on rent payments and failed to provide evidence for any defense against the payment.
Supporting Evidence
The counter petitioner has not raised any dispute regarding the title of the petitioner regarding petition schedule building or existence of the Ext.A1 rental agreement. But only dispute raised by the counter petitioner is that as per the Ext.A1 rent agreement the building was given not for business purpose but only for residential purpose.
Judgment Evidence:
In the result, the petition is allowed and the respondent is directed to pay Rs.16,000/- (Rupees Sixteen thousand only) per month from December 2023 till July 2025 which amounts to Rs.3,20,000/- (Rupees Three lakhs and Twenty 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
- TS. Gopakumar
- Party Role
- Defendant
- Party Name
- R.Mini Chandran
- Relation
- W/o
Plaintiffs Documents
Rental agreement dated 11.02.2023, Copy of Advocate notice dated 11.03.2024
Defendants Documents
Copy of rent agreement dated 01.10.2021, Copy of rent agreement dated 15.05.2024
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri.Dil Mohan
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Smt.Hima.B.Nair
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Payment
Outcome:
Granted
Description:
Petitioner sought the payment of arrears of rent.
Evidence:
In the result, the petition is allowed and the respondent is directed to pay Rs.16,000/- (Rupees Sixteen thousand only) per month from December 2023 till July 2025 which amounts to Rs.3,20,000/- (Rupees Three lakhs and Twenty thousand only) along with 6% interest per annum.
Documents & Evidence
Document Type:
Rental Agreement
Submitted By:
Plaintiff
Relevance:
The rental agreement between the petitioner and the counter petitioner for the residential purpose.
Reference:
Ext.A1
Document Type:
Advocate Notice
Submitted By:
Plaintiff
Relevance:
Notice sent to the counter petitioner demanding payment of rent.
Reference:
Ext.A2
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
Receipt indicating the sending of the advocate notice.
Reference:
Ext.A3
Document Type:
Acknowledgment card
Submitted By:
Plaintiff
Relevance:
Card acknowledging the receipt of the advocate notice.
Reference:
Ext.A4
Document Type:
Legal Notice
Submitted By:
Plaintiff
Relevance:
Unclaimed legal notice related to the case.
Reference:
Ext.A5
Document Type:
Rent Agreement
Submitted By:
Defendant
Relevance:
Previous rent agreement for the business purpose made by the counter petitioner.
Reference:
Ext.B1
Document Type:
Rent Agreement
Submitted By:
Defendant
Relevance:
Recent rent agreement of the counter petitioner for conducting another business.
Reference:
Ext.B2
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