Skip to main content
Niyamam AI Niyamam AI

Main navigation

  • Home
  • Lawyer Login
  • Lawyer Registration
  • About us
  • Contact
O. S. No.362/2022

Case between Bethel Sulokko Orthdox Cyrian Church, Perumbavoor vs Biju C V regarding realisation of money

Court
COURT OF THE MUNSIFF, PERUMBAVOOR
Judge
Smt. Alshari A.
Order Date
2024-03-25
Duration
approximately-1 year 7 days
Case Closed
Mon, 03/25/2024 - 12:00

Judgement document from eCourt website

Judgment Document
Save Case Find Similar Cases

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

Plaintiff Won
Interim Order
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.
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.
Losing Side's Weaknesses:
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

Quick Facts

Location
Perumbavoor
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Perumbavoor
Case Filed
Fri, 03/18/2022 - 12:00
Case Closed
Mon, 03/25/2024 - 12:00
From
Fri, 03/01/2024 - 12:00
To
Fri, 05/31/2024 - 12:00
Outcome Confidence
90%

Involved Entities

Church

Similar Cases

Case between Infant Jesus Church et al vs Haseetha Venugopal regarding eviction and arrears of rent
I Additional Munsiff, Ernakulam
Civil Suit Plaintiff Won
Case between Infant Jesus Church et al vs Southern Law Chambers et al regarding eviction, arrears of rent and damages.
COURT OF THE MUNSIFF, ERNAKULAM
Civil Suit Plaintiff Won
Case between St. Gervasis & Prothasis Synodal Church et al vs Jolly Varghese regarding recovery of possession and arrears of rent
Court of Munsiff, Ernakulam
Civil Suit Plaintiff Won
Case between St. Francis Xavier Church et al vs Sajan. N.P. regarding realization of money
THE COURT OF THE THIRD ADDL. MUNSIFF & RENT CONTROLLER, ERNAKULAM
Civil Suit Plaintiff Won
Case between Mary et al vs Kuruppampady Marthamariyam Ya. Su. Cath. et al regarding modification of interim injunction.
IN THE COURT OF THE MUNSIFF, PERUMBAVOOR
Civil Suit Plaintiff Won