Case Summary
The plaintiff, K H Ramlath Nazer, is seeking to recover unpaid rent from the defendants, who are tenants of her property. The defendants have continued to occupy the premises beyond the lease term and have defaulted on rent payments, leading to this suit for recovery.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Defendants shall pay Rs.6,07,100/- along with interest at the specified rates.
Case Type
Civil Suit
Final Judgment
No
The court decreed that the defendants are liable to pay the total amount of Rs.6,07,100/- along with interest and costs. The defendants' assets are also liable to satisfy the decree debt.
Why Plaintiff Won:
The plaintiff established her claim through unchallenged evidence regarding non-payment of rent.
The plaintiff established her claim through unchallenged evidence regarding non-payment of rent.
Losing Side's Weaknesses:
The plaintiff established her claim through unchallenged evidence regarding non-payment of rent.
The plaintiff established her claim through unchallenged evidence regarding non-payment of rent.
Supporting Evidence
On perusal of the plaint, proof affidavit and documents produced, I am of the view that plaintiff has established a case and plaintiff is entitled to realize an amount of Rs.6,07,100/- with interest from defendants.
Judgment Evidence:
In the result, suit is decreed as follows: Defendants shall pay Rs.6,07,100/- (Rupees Six lakhs seven thousand one hundred only) along with interest @12% per annum from the date of suit till the date of decree and @6% from the date of decree till the date of payment or realization, as the case may be, to plaintiff.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- K H Ramlath Nazer
- Party Age
- 52
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Apex India Education and Charitable Trust
- Relation
- represented by
- Party Role
- Defendant
- Party Name
- Kilar Mashhoor K P
- Party Age
- 31
- Relation
- S/o
Plaintiffs Documents
Original rent deed executed by the plaintiff and defendant dated 07.07.2020, Office copy of Lawyer notice dated 14.12.2021, Acknowledgment cards signed by the defendants, Original reply notice dated 10.01.2022.
Defendants Documents
Nil
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Varghese C Kuriakose
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Ranimole M T
- Appearance Type
- Assisting Counsel
- Party Role
- Plaintiff
- Advocate Name
- Sushanth Shaji
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- Paulson P J
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Gijeesh Prakash
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff claims recovery of Rs.6,07,100/- along with interest.
Evidence:
Defendants shall pay Rs.6,07,100/-(Rupees Six lakhs seven thousand one hundred only) along with interest @12% per annum from the date of suit till the date of decree and @6% from the date of decree till the date of payment or realization.
Relief Type:
Other
Outcome:
Granted
Description:
Plaintiff is entitled to the cost of the suit.
Evidence:
Plaintiff is also entitled to realize the costs of the suit.
Documents & Evidence
Document Type:
Original Rent Deed
Submitted By:
Plaintiff
Relevance:
This document establishes the tenancy agreement between the plaintiff and defendants.
Reference:
Ext.A1
Document Type:
Office copy of lawyer notice
Submitted By:
Plaintiff
Relevance:
This document serves as evidence of the legal notice issued by the plaintiff to the defendants regarding rent arrears.
Reference:
Ext.A2
Document Type:
Acknowledgment card
Submitted By:
Plaintiff
Relevance:
This document shows proof of receipt of the notice by the first defendant.
Reference:
Ext.A3
Document Type:
Acknowledgment card
Submitted By:
Plaintiff
Relevance:
This document shows proof of receipt of the notice by the second defendant.
Reference:
Ext.A4
Document Type:
Original Reply Notice
Submitted By:
Plaintiff
Relevance:
This document contains the defendants' response to the legal notice issued by the plaintiff.
Reference:
Ext.A5
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 K H Ramlath Nazer vs Apex India Education and Charitable Trust et al regarding realization of money
Case Code Year
Case between K H Ramlath Nazer vs Apex India Education and Charitable Trust et al regarding realization of money