Partly allowed

Subair.K.H. v. Suril Kumar

Kerala HC17 Jan 2019OP(C)/33/2019

Case brief

AI extract

What is this about?

In a petition for execution of a Lok Adalath award regarding arrears of rent, the High Court of Kerala granted the judgment debtor time until 31.03.2019 to vacate the premises, conditioned upon payment of entire arrears in three monthly instalments alongside monthly rent.

What did the court decide?

Time granted till 31.03.2019 to vacate premises subject to payment of entire arrears of rent in three equal monthly instalments alongside monthly rent.

Subair.K.H. Vs Suril Kumar — Execution and Attachment | Kerala HC (2019)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR. JUSTICE SATHISH NINAN

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THURSDAY ,THE 17TH DAY OF JANUARY 2019 / 27TH POUSHA, 1940

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OP(C).No. 33 of 2019

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AGAINST EP 74/2018 of MUNSIFF COURT, KOCHI

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PETITIONER/JUDGMENT DEBTOR/RESPONDENT:

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SUBAIR.K.H. AGED 50 YEARS S/O HASSAN, RESIDING AT CC NO.12/1225, 2ND FLOOR, MANAMA TOWER, CHULLICKAL KOCHI.

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BY ADVS. SRI.C.A.NAVAS SRI.P.A.SHAJI SAMAD SMT.PRAISHEEL PRAKASAM SRI.T.K.SASIKUMAR

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RESPONDENT/DECREE HOLDER & COMPLAINANT:

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SURIL KUMAR AGED 49 YEARS S/O P.K.SUDHAKARAN, MANIMANDIRAM, THOPPUMPADY, KOCHI-682005.

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BY ADV. SRI.K.MANOJ CHANDRAN

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THIS OP (CIVIL) HAVING BEEN FINALLY HEARD ON 17.01.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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OP(C).No. 33 of 2019

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JUDGMENT

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The award sought to be executed reads thus:

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“1. Respondent will pay arrears of rent of Rs.74,000/- for the period from December, 2017 to June, 2018 on or before 20/07/2018. In default, the petitioner

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can realize the amount with 12% per annum from the Respondent.

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Respondent will vacate the flat on or before 30.09.2018.

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Petitioner is allowed to realize the balance arrears of rent from July, 2018 till vacating the flat with interest @ 12%

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per annum.

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If respondent fails to comply with any of the terms of the agreement, petitioner

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is allowed to proceed against the respondent as per law.”

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OP(C).No. 33 of 2019

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Now the judgment debtor seeks for time till 31.03.2019 to vacate the premises. The reason stated is that the petitioner has school going children and that she may not be compelled to shift the premises till the end of the present academic year. Learned counsel for the respondent/decree holder submits that he does not have objection in granting time till 31.03.2019 provided the entire arrears of rent

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payable, is paid by the petitioner. The arrears of rent payable in terms of compromise decree is not paid in its entirety.

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In view of the above, the original petition is disposed of granting time to the petitioner till 31.03.2019 to vacate the premises in question.

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However, this will be subject to the condition that the entire arrears of rent payable shall be paid by the petitioner in three equal monthly instalments, to be paid along with the monthly rent payable till 31.03.2019. It is made clear that in case of default

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OP(C).No. 33 of 2019

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in payment of the rent with the arrears as indicated above, the petitioner shall not be entitled for the benefit granted in this judgment and the decree can be executed.

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Sd/- Sathish Ninan, Judge

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vdv

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OP(C).No. 33 of 2019

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APPENDIX

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PETITIONER'S/S EXHIBITS:

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EXHIBIT P1 TRUE COPY OF THE RENT AGREEMENT DATED 15.09.2017 EXHIBIT P2 TRUE COPY OF THE AWARD IN PLP NO.448/2018 OF LOK ADALATH EXHIBIT P3 TRUE COPY OF THE EXECUTION PETITION NO.74/2018 IN PLP NO.488/2018 OF MUNSIFFS COURT KOCHI EXHIBIT P4 TRUE COPY OF THE PAYMENT CHELLAN RECEIPT DATED 18.12.2018.

Subair.K.H. v. Suril Kumar

Case brief

What is this about?

What did the court decide?

Subair.K.H. v. Suril Kumar

Case brief

What is this about?

What did the court decide?

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