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O.S No. 1569/2019

Case between Joy Vattoli vs Sany K. C regarding recovery of money

Court
COURT OF THE PRINCIPAL MUNSIFF, ERNAKULAM
Judge
Sri. Rohit Nandakumar
Order Date
2024-07-23
Duration
approximately-4 years 9 months
Case Closed

Judgement document from eCourt website

Judgment Document
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Case Summary

The plaintiff, Joy Vattoli, is seeking recovery of arrears of rent from the defendant, Sany K. C, who has failed to pay the rent for a property. The case revolves around a tenancy dispute where the plaintiff claims damages and non-payment of rent.

Judgment Outcome

Plaintiff Won
Interim Order
The court decreed in favor of the plaintiff, directing the defendant to pay rental arrears amounting to ₹2,72,000 along with interest. The court also ordered that the plaintiff is entitled to costs of the suit.
Judgment Favored
Plaintiff
Relief Granted
The defendant is directed to pay to the plaintiff an amount of ₹2,72,000 with interest.
Case Type
Civil Suit
Final Judgment
No
The court decreed in favor of the plaintiff, directing the defendant to pay rental arrears amounting to ₹2,72,000 along with interest. The court also ordered that the plaintiff is entitled to costs of the suit.
Why Plaintiff Won:
The case of the plaintiff stands proved based on uncontested evidence.
Losing Side's Weaknesses:
The case of the plaintiff stands proved based on uncontested evidence.
Supporting Evidence
I am of the opinion, from the uncontested evidence of PW1, that the case of the plaintiff stands proved.

Judgment Evidence:

In the result, the suit is decreed as follows: i. The defendant is directed to pay to the plaintiff, an amount of ₹2,72,000 with interest at the rate of 6% per annum from the date of institution of the suit, till its realisation from the defendant or his assets.

Parties Involved

Parties

Party Role
Plaintiff
Party Name
Joy Vattoli
Party Age
68
Relation
S/o
Party Role
Defendant
Party Name
Sany K. C
Party Age
45
Relation
S/o
Plaintiffs Documents
Copy of Legal Notice dated 29.04.2016, Copy of Reply Notice dated 18.05.2016, Copy of Objection filed in RCP 107/2016, Certified copy of Order in I.A No. 2205/2017 in RCP107/2016
Defendants Documents

Advocates

Party Role
Plaintiff
Advocate Name
K. P Suresh Kumar
Appearance Type
Main Counsel
Party Role
Defendant
Advocate Name
Anilkumar P. V
Appearance Type
Main Counsel
Party Role
Defendant
Advocate Name
Saritha D
Appearance Type
Assisting Counsel

Reliefs

Relief Type: Recovery
Outcome: Granted
Description:
The defendant is directed to pay the plaintiff an amount of ₹2,72,000/- with interest.
Evidence:
The defendant is directed to pay to the plaintiff, an amount of 2,72,000/- (Two lakhs seventy two thousand only) with interest at the rate of 6% per annum from the date of institution of the suit, till its realisation from the defendant or his assets.
Relief Type: Other
Outcome: Granted
Description:
The plaintiff shall be at liberty to realise the amount from the defendant or his assets if it's not paid.
Evidence:
If the defendant do not pay the amount as ordered, the plaintiff shall be at the liberty to realise the same from the defendant or his assets.
Relief Type: Other
Outcome: Granted
Description:
The plaintiff is entitled to 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: Legal Notice
Submitted By: Plaintiff
Relevance:
This document was used to show the notice issued to the defendant demanding unpaid rent.
Reference:
Ext.A1
Document Type: Reply Notice
Submitted By: Plaintiff
Relevance:
This document contains the reply from the defendant regarding the earlier issued notice.
Reference:
Ext.A2
Document Type: Objection
Submitted By: Plaintiff
Relevance:
This document was marked to show objections filed in the Rent Control Petition.
Reference:
Ext.A3
Document Type: Certified copy of Order
Submitted By: Plaintiff
Relevance:
This document is a certified copy of an order relating to the Rent Control Petition.
Reference:
Ext.A4

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 Joy Vattoli vs Sany K. C regarding recovery of money
Case Code Year
Case between Joy Vattoli vs Sany K. C regarding recovery of money

Quick Facts

Location
Ernakulam
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Case Filed
Tue, 11/26/2019 - 12:00
Case Closed
From
Mon, 07/01/2024 - 12:00
To
Wed, 07/31/2024 - 12:00
Outcome Confidence
95%

Involved Entities

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