Sunitha Kumari, v. Jayakumar
Case brief
What is this about?
This petition challenges an order directing payment of rent arrears. The High Court upheld the Lower Court's finding on the quantum but, relying on the landlord's consent, disposed of the petition by allowing the petitioner four months to pay arrears in instalments.
What did the court decide?
Granting four months time to pay arrears of Rs. 5,06,000/- in monthly instalments and deferring coercive steps during this period.
What the court decided
A compact analysis
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN
&
THE HONOURABLE MR.JUSTICE P.G. AJITHKUMAR
FRIDAY, THE 12TH DAY OF NOVEMBER 2021/21ST KARTHIKA, 1943 O.P.(RC) NO. 113 OF 2021
AGAINST ORDER DATED 27.09.2021 IN I.A.NO.1 OF 2021 IN O.P.(BRC) NO.29 OF 2020 OF THE ADDITIONAL RENT CONTROL COURT, KOLLAM
PETITIONER:
SUNITHA KUMARI,
AGED 45 YEARS, W/O.ANIL KUMAR, KOMALAM VEEDU, CHENTHAPOOR CHERRY, THRIKKOVILVATTOM, KOLLAM, NOW RESIDING AT BIJU MANDIRAM, CHENTHAPOOR, DECENT JUNCTION, KOLLAM.
BY ADVS. SMT.PRIYA SHANAVAS SRI.BIJITH S.KHAN
Issues for consideration
3 issues framed by the court
Whether the tenant can escape liability to pay admitted arrears of rent by raising a blank denial in the counter affidavit when the rent deed and receipts quantify the amount.
Whether the Order of the Rent Control Court directing payment of arrears of rent should be disturbed on a writ petition invoking supervisory jurisdiction.
Whether the tenant should be granted a breathing time to pay the admitted arrears of rent due to the situation prevailing on account of the COVID-19 pandemic.
Parties & counsel
- petitioner
Sunitha Kumari
- respondent
Jayakumar
Coram
Anil K. Narendran
Case details
As recorded by the court registry
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