Case Summary
Leslie Pallath filed a suit against Sajeesh K M for recovery of arrears of rent and maintenance charges for a residential apartment. The defendant had defaulted on rent payments and was evicted for non-payment.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Payment of Rs. 4,55,686 with interest and costs of the suit.
Case Type
Civil Suit
Final Judgment
No
The court decreed that Sajeesh K M must pay Leslie Pallath a sum of Rs. 4,55,686 with interest for the arrears of rent and charges. The plaintiff is also entitled to costs of the suit.
Why Plaintiff Won:
The plaintiff established a case for recovery of the owed amount.
The plaintiff established a case for recovery of the owed amount.
Losing Side's Weaknesses:
The plaintiff established a case for recovery of the owed amount.
The plaintiff established a case for recovery of the owed amount.
Supporting Evidence
On perusal of the plaint, proof affidavit and documents produced, I am of the view that plaintiff has established a case.
Judgment Evidence:
In the result, suit is decreed as follows: 1) Defendant shall pay Rs.4,55,686/- (Rupees Four lakhs fifty five thousand six hundred and eighty six only) with interest @ 6% per annum on the principal amount of Rs.4,09,500/- (Rupees Four lakhs nine thousand five hundred only) from the date of suit till the date of decree or realization, as the case may be, to the plaintiff.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Leslie Pallath
- Party Age
- 71
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Sajeesh K M
- Party Age
- 45
- Relation
- S/o
Plaintiffs Documents
Certified copy of lawyer notice issued to the defendant on behalf of the plaintiff, Certified copy of reply letter issued by the defendant, Certified copy of RCP 39/23 filed by the plaintiff before the Rent Control Court, Ernakulam, Certified copy of Memo filed by the respondent counsel in RCP 39/23
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Basil Mathew
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Ninan John
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Ajay Krishnan
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Sanjana Sara Varghese
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Arya A R
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Anjitha Jobi
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Rosemaria
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Shahul Hameed Moopan
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- T A Niyas
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Abhijith Harindran
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Arun T S
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff sought to recover an amount of Rs. 4,55,686/- along with interest from the defendant.
Evidence:
In the result, suit is decreed as follows: Defendant shall pay Rs.4,55,686/- (Rupees Four lakhs fifty five thousand six hundred and eighty six only) with interest @ 6% per annum on the principal amount of Rs.4,09,500/- (Rupees Four lakhs nine thousand five hundred only) from the date of suit till the date of decree or realization.
Relief Type:
Other
Outcome:
Granted
Description:
Plaintiff is entitled to costs of the suit.
Evidence:
Plaintiff is also entitled to realize the costs of the suit.
Documents & Evidence
Document Type:
Lawyer Notice
Submitted By:
Plaintiff
Relevance:
This is the notice sent to the defendant demanding payment of arrears of rent.
Reference:
Ext.A1
Document Type:
Reply Notice
Submitted By:
Defendant
Relevance:
This is the response from the defendant acknowledging the liability and seeking time to pay.
Reference:
Ext.A2
Document Type:
Rent Control Petition
Submitted By:
Plaintiff
Relevance:
This is the petition filed by the plaintiff before the Rent Control Court against the defendant.
Reference:
Ext.A3
Document Type:
Memo
Submitted By:
Plaintiff
Relevance:
This memo was filed accompanying the surrender of premises and handing over the key.
Reference:
Ext.A4
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 Leslie Pallath vs Sajeesh K M regarding realization of money
Case Code Year
Case between Leslie Pallath vs Sajeesh K M regarding realization of money