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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
RCREV. NO. 265 OF 2025 | RCA NO.40 OF 2025 | RCP NO.116 OF 2023



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

The court reaffirmed that claims of rent payment require substantiation through evidence, especially post-advisory orders on rent payment.

Headnote:The tenant challenges an order under Section 12(3) of the Kerala Buildings (Lease and Rent Control) Act, 1965, claiming to have paid arrears to the landlord's wife. The court finds lack of evidence supporting this claim and determines that payment without a receipt was implausible. The revision is dismissed.

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 prudent person would make payment directly without obtaining a receipt. The tenant is apparently dragging the proceedings.

We find no reason to entertain this revision. This Rent Control Revision stands dismissed.

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