Case Summary
The plaintiff, Dr. Radha Devi, is seeking recovery of overdue rent from the defendant, Sri. Sunil Kumar C.S, for a leased property. The case involves claims of unpaid rent and interest over a period.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Defendant is directed to pay an amount of ₹8,19,571/- with interest
Case Type
Civil Suit
Final Judgment
No
The court has ruled in favor of the plaintiff, directing the defendant to pay an amount of ₹8,19,571/- along with interest for unpaid rent. The court also granted the plaintiff the right to recover costs.
Why Plaintiff Won:
The court found that the evidence presented by the plaintiff was credible and proved the claims of unpaid rent.
The court found that the evidence presented by the plaintiff was credible and proved the claims of unpaid rent.
Losing Side's Weaknesses:
The court found that the evidence presented by the plaintiff was credible and proved the claims of unpaid rent.
The court found that the evidence presented by the plaintiff was credible and proved the claims of unpaid rent.
Supporting Evidence
I am of the opinion that the case of the plaintiff stands proved. There is no reason to disbelieve the evidence tendered by PW1.
Judgment Evidence:
In the result, the suit is decreed as follows: I. The defendant is directed to pay to the plaintiff, an amount of ₹8,19,571/- with interest at the rate of 6% per annum (simple interest) from the date of institution of the suit, till its realisation from the defendant or from assets of defendant.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Dr. Radha Devi
- Party Age
- 67
- Relation
- W/o
- Party Role
- Plaintiff
- Party Name
- Dr. Vasanthy P
- Party Age
- 57
- Relation
- Represented by
- Party Role
- Defendant
- Party Name
- Sri. Sunil Kumar C.S
- Party Age
- 49
- Relation
- S/o
Plaintiffs Documents
Special Power of Attorney, Certified copy of the Judgment in O.S 547/2015, Cheque bearing No. 052225, Cheque return Memo, Certified copy of deposition of PW1 in O.S 547/2015, Certified copy of Judgment in O.S 1143/2018, Certified copy of Judgment in RCA No. 32/2024
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- John Numpeli Junior
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Ajith V
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- K.A Rasheed
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
The plaintiff is entitled to recover an amount of ₹8,19,571/- from the defendant with interest.
Evidence:
The plaintiff is entitled to realise an amount of ₹8,19,571/- from the defendant as on date of suit.
Relief Type:
Cost
Outcome:
Granted
Description:
The plaintiff is entitled to the costs of the suit from the defendant.
Evidence:
Considering the nature of the suit and circumstances surrounding the suit, the plaintiff is entitled to the costs of the suit from the defendant.
Documents & Evidence
Document Type:
Special Power of Attorney
Submitted By:
Plaintiff
Relevance:
This document grants authority to Dr. Vasanthy P to represent the plaintiff in court.
Reference:
Ext.A1
Document Type:
Certified copy of the judgment
Submitted By:
Plaintiff
Relevance:
This document is a certified copy of the judgment in the prior case O.S 547/2015 involving the parties.
Reference:
Ext.A2
Document Type:
Cheque
Submitted By:
Plaintiff
Relevance:
This was the cheque issued by the defendant that was returned unpaid due to insufficient funds.
Reference:
Ext.A3
Document Type:
Cheque Return Memo
Submitted By:
Plaintiff
Relevance:
This document provides confirmation of the cheque's return due to insufficient funds.
Reference:
Ext.A4
Document Type:
Certified copy of deposition
Submitted By:
Plaintiff
Relevance:
This is a certified copy of the testimony given by PW1 in the earlier case O.S 547/2015.
Reference:
Ext.A5
Document Type:
Certified copy of the judgment
Submitted By:
Plaintiff
Relevance:
This document is a certified copy of the judgment in the prior case O.S 1143/2018 involving the parties.
Reference:
Ext.A6
Document Type:
Certified copy of the judgment
Submitted By:
Plaintiff
Relevance:
This document is a certified copy of the judgment in RCA No. 32/2024.
Reference:
Ext.A7
Case Classification
Case Type
Civil Suit
Category
Eviction and Rent Control
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Common Reasons
Non-payment of rent
Case Code
Case between Dr. Radha Devi vs Sri. Sunil Kumar C.S regarding realisation of money
Case Code Year
Case between Dr. Radha Devi vs Sri. Sunil Kumar C.S regarding realisation of money
Case Flags
Cheque-Related Case
Nature of Cheque Case
Cheque Dishonour