Case Summary
The plaintiffs claim that they are the absolute owners of a building and that the defendant failed to pay rent due since October 2017, leading to significant arrears. They seek to recover the overdue rent and associated interest.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The plaintiffs are allowed to recover Rs.9,43,920 together with interest at the rate of 9% per annum from the date of suit till the date of decree.
Case Type
Civil Suit
Final Judgment
No
The court decreed in favor of the plaintiffs, allowing them to recover the claimed sum along with interest. The defendant was found liable for the dues due to non-payment of rent.
Why Plaintiff Won:
The plaintiffs provided unrebutted evidence in support of their claim.
The plaintiffs provided unrebutted evidence in support of their claim.
Losing Side's Weaknesses:
The plaintiffs provided unrebutted evidence in support of their claim.
The plaintiffs provided unrebutted evidence in support of their claim.
Supporting Evidence
From the unrebutted evidence of PW1 and from documents the plaint averments stands proved. Hence the plaintiffs are entitled to get a decree as prayed for.
Judgment Evidence:
In the result, suit is decreed as follows: A) The plaintiffs are allowed to recover Rs.9,43,920 together with interest at the rate of 9% per annum from the date of suit till the date of decree, and thereafter @ 6% per annum from the date of decree till entire realization in full from the defendant and his assets.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Emmanuel Andrews Joy
- Party Age
- 53
- Relation
- S/o
- Party Role
- Plaintiff
- Party Name
- Shijomol
- Party Age
- 45
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Roy John Williams
- Party Age
- 55
- Relation
- S/o
Plaintiffs Documents
Certified copy of Lease agreement, Certified copy of Order in I.A No. 1/2021, Certified copy of Order in Rent Control Appeal No. 14/2023, Certified copy of Order in RCP No. 115/2019, True copy of the lawyer notice.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Thomas Abraham
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Anantha Padmanabhan
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
The plaintiffs are allowed to recover Rs.9,43,920 together with interest.
Evidence:
The plaintiffs are allowed to recover Rs.9,43,920 (Rupees Nine lakh Forty Three thousand Nine hundred and Twenty only) together with interest at the rate of 9% per annum from the date of suit till the date of decree, and thereafter @ 6% per annum from the date of decree till entire realization in full from the defendant and his assets.
Relief Type:
Costs
Outcome:
Granted
Description:
The plaintiffs are entitled to get the costs of the suit from the defendant.
Evidence:
The plaintiffs are also entitled to get the costs of the suit from the defendant.
Documents & Evidence
Document Type:
Lease Agreement
Submitted By:
Plaintiff
Relevance:
Certified copy of the Lease agreement establishes the rental terms between the plaintiffs and the defendant.
Reference:
Ext.A1
Document Type:
Order
Submitted By:
Plaintiff
Relevance:
Certified copy of the Order in I.A No. 1/2021 in RCP No. 115/2019 relevant to the case.
Reference:
Ext.A2
Document Type:
Order
Submitted By:
Plaintiff
Relevance:
Certified copy of the Order in Rent Control Appeal No. 14/2023.
Reference:
Ext.A3
Document Type:
Order
Submitted By:
Plaintiff
Relevance:
Certified copy of the Order in RCP No. 115/2019 pertinent to the plaintiffs' claims.
Reference:
Ext.A4
Document Type:
Lawyer Notice
Submitted By:
Plaintiff
Relevance:
True copy of the lawyer notice demanding the arrears of rent.
Reference:
Ext.A5
Case Classification
Case Type
Civil Suit
Category
Money and Loan Recovery
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Common Reasons
Non-payment of rent
Case Code
Case between Emmanuel Andrews Joy et al vs Roy John Williams regarding realisation of money
Case Code Year
Case between Emmanuel Andrews Joy et al vs Roy John Williams regarding realisation of money