SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2025 Supreme(Online)(Ker) 57681

IN THE HIGH COURT OF KERALA AT ERNAKULAM
A.MUHAMED MUSTAQUE, HARISANKAR V. MENON, JJ
SANDHYA S PAI – Appellant
Versus
M. VIJAYA SANKAR – Respondent


Advocates:
For the Appellants/Petitioners: SANDHYA S PAI (PARTY-IN-PERSON)
For the Respondents: SRI.S.B.PREMACHANDRA PRABHU, SHRI.K.B.RAJESH

Table of Content
1. tenant challenges payment validity post order. (Para 1)
2. lack of evidence leads to dismissal. (Para 2)

A.Muhamed Mustaque, J .

The tenant, who appeared in person, challenges the order passed under Section 12 (3) of the Kerala Buildings (Lease and Rent Control) Act, 1965 (hereinafter referred to as 'the Act'). The case of the tenant is based on a plea of discharge of arrears of rent. It is to be noted that the tenant has raised a contention that she discharged the amount by making payment directly to the wife of the landlord even after the order passed under (1) of the Act. The Rent Controller passed the order under (1) of the Act on 04.04.2025. It is difficult to believe that, after the said order, the tenant had discharged the amount by paying it directly to the landlady, namely, the wife of the landlord. The tenant contends that the landlord failed to furnish the bank account details and, therefore, she paid the amount directly to the wife of the landlord.

2. We note that even if the tenant claims to have continued payments after such an order, in the absence of producing even a scrap of paper evidencing such discharge, such a claim cannot be accepted, as no p

Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top