Case Summary
The case involves Bethel Sulokko Orthodox Cyrian Church represented by Raphel Antony as the plaintiff against Biju C V as the defendant. The plaintiff claims unpaid arrears of rent from the defendant for a rented shop room.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The defendant is directed to pay an amount of Rs. 1,58,437/- along with 12% interest from the date of the suit till the date of decree.
Case Type
Civil Suit
Final Judgment
No
The suit is decreed in favor of the plaintiff. The defendant is directed to pay an amount of Rs. 1,58,437/- along with 12% interest from the date of the suit till the date of decree.
Why Plaintiff Won:
The plaintiff provided unrebutted evidence confirming the defendant's default on rent payments.
The plaintiff provided unrebutted evidence confirming the defendant's default on rent payments.
Losing Side's Weaknesses:
The plaintiff provided unrebutted evidence confirming the defendant's default on rent payments.
The plaintiff provided unrebutted evidence confirming the defendant's default on rent payments.
Supporting Evidence
From the unrebutted evidence adduced by the plaintiff, I hold that plaintiff is entitled to get a decree as prayed for.
Judgment Evidence:
In the result, the suit is decreed with costs as follows: The defendant is hereby directed to pay an amount of Rs. 1,58,437/- along with 12% interest from the date of the suit till the date of decree and at the rate of 6% interest from the date of decree till realization.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Bethel Sulokko Orthdox Cyrian Church, Perumbavoor
- Relation
- represented by
- Party Role
- Defendant
- Party Name
- Biju C V
- Relation
- S/o
Plaintiffs Documents
Certified copy of the order in IA 234/2019 in OS 3/2018, Certified copy of the common order in IA 560/2019 and IA 622/2019 in OS 3/2018, Certified copy of the order in IA 5/2021 in OS 3/2018, Lawyer notice, Postal receipts, Unclaimed covers with A/d card sent to the defendant, Office copy of the notice given to the defendant.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- K S Shaju Varghes
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- A V Vinu
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Nikhil Sebastin
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
The plaintiff is entitled to recover arrears of rent from the defendant.
Evidence:
In the result, the suit is decreed with costs as follows:- The defendant is hereby directed to pay an amount of Rs. 1,58,437/- along with 12% interest from the date of the suit till the date of decree and at the rate of 6% interest from the date of decree till realization.
Documents & Evidence
Document Type:
Certified Copy of the Order
Submitted By:
Plaintiff
Relevance:
This document was used to show the appointment of the receiver for the plaintiff church.
Reference:
Ext.A1
Document Type:
Certified copy of the common order
Submitted By:
Plaintiff
Relevance:
This document provided support for the administrative orders related to the case.
Reference:
Ext.A2
Document Type:
Certified Copy of the Order
Submitted By:
Plaintiff
Relevance:
This document was referenced to highlight a prior decision in the ongoing case.
Reference:
Ext.A3
Document Type:
Office copy of the lawyer notice
Submitted By:
Plaintiff
Relevance:
This document was used to demonstrate the demand for payment sent to the defendant.
Reference:
Ext.A4
Document Type:
Postal Receipts
Submitted By:
Plaintiff
Relevance:
These documents supported the proof of communication with the defendant.
Reference:
Ext.A5 series
Document Type:
Unclaimed covers with A/d Cards
Submitted By:
Plaintiff
Relevance:
These documents indicated that the defendant was notified but did not claim the correspondence.
Reference:
Ext.A6 series
Document Type:
Office copy of the notice
Submitted By:
Plaintiff
Relevance:
This document served to notify the defendant of the proceedings.
Reference:
Ext.A7
Case Classification
Case Type
Civil Suit
Category
Recovery
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Perumbavoor
Common Reasons
Non-payment of rent
Case Code
Case between Bethel Sulokko Orthdox Cyrian Church, Perumbavoor vs Biju C V regarding realisation of money
Case Code Year
Case between Bethel Sulokko Orthdox Cyrian Church, Perumbavoor vs Biju C V regarding realisation of money