Case Summary
The plaintiff, Mary Salomy K.A., is seeking payment of outstanding rent from the defendants, M/s. Kasal India Pvt. Ltd. and K. Balachandran Nair, for a property leased to them. The defendants failed to pay rent that accumulated to Rs. 4,89,029/- despite vacating the premises.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The plaintiff is entitled to realize an amount of Rs. 4,89,029/- with interest and costs from the defendants.
Case Type
Civil Suit
Final Judgment
No
The court decreed the suit in favor of the plaintiff, ordering the defendants to pay an amount of Rs. 4,89,029/- along with interest and costs. The defendants failed to present any evidence against the claims made by the plaintiff.
Why Plaintiff Won:
The plaintiff's claims were uncontroverted, supported by her testimony and documentary evidence.
The plaintiff's claims were uncontroverted, supported by her testimony and documentary evidence.
Losing Side's Weaknesses:
The plaintiff's claims were uncontroverted, supported by her testimony and documentary evidence.
The plaintiff's claims were uncontroverted, supported by her testimony and documentary evidence.
Supporting Evidence
The unrebutted oral testimony of PW1 and Exts. A1 to A3, established the case as pleaded by the plaintiff. It reflects that the plaint claim remains unpaid till date.
Judgment Evidence:
In the result, suit is decreed as follows; 1.The plaintiff is entitled to realize an amount of Rs.4,89,029/- (Rupees Four Lakh Eighty Nine Thousand and Twenty Nine only) from the defendants and from their assets.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Mary Salomy K.A.
- Party Age
- 65
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- M/s. Kasal India Pvt. Ltd.
- Relation
- Represented by
- Party Role
- Defendant
- Party Name
- K. Balachandran Nair
- Relation
- The Managing Director
Plaintiffs Documents
Original Lease Agreement dated 10.07.2017, Copy of Lawyer's notice dated 11.08.2022, Original returned postal envelope along with A/D.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Paul K. Varghese
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Jalaluddeen Mohammad K.P.S.
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
The plaintiff is entitled to recover Rs.4,89,029/- from the defendants.
Evidence:
In the result, suit is decreed as follows; 1.The plaintiff is entitled to realize an amount of Rs.4,89,029/- (Rupees Four Lakh Eighty Nine Thousand and Twenty Nine only) from the defendants and from their assets.
Relief Type:
Damages
Outcome:
Granted
Description:
The plaintiff is entitled to interest @ 12% per annum from the date of the suit till date of decree.
Evidence:
2.The plaintiff is entitled to realize interest @ 12% per annum for Rs.4,89,029/- (Rupees Four Lakh Eighty Nine Thousand and Twenty Nine only) from the date of suit till date decree from the defendants and from their assets.
Relief Type:
Damages
Outcome:
Granted
Description:
The plaintiff is entitled to interest @ 6% per annum from the date of decree till date of realization.
Evidence:
3.The plaintiff is entitled to realize interest @ 6% per annum for Rs.4,89,029/- (Rupees Four Lakh Eighty Nine Thousand and Twenty Nine only) from date of decree till date of realization from the defendants and from their assets.
Relief Type:
Other
Outcome:
Granted
Description:
The plaintiff is entitled to realize costs of the suit from the defendants.
Evidence:
4.The plaintiff is entitled to realize costs of the suit from defendants and from their assets.
Documents & Evidence
Document Type:
Original lease agreement
Submitted By:
Plaintiff
Relevance:
This document establishes the terms of the lease and the amount of rent due.
Reference:
Ext.A1
Document Type:
Copy of Lawyer’s notice
Submitted By:
Plaintiff
Relevance:
This notice was a formal demand for the outstanding rent owed by the defendants.
Reference:
Ext.A2
Document Type:
Original returned postal envelope along with acknowledgment card
Submitted By:
Plaintiff
Relevance:
This document serves as proof that the lawyer's notice sent to the defendants was returned as unclaimed.
Reference:
Ext.A3
Document Type:
Oral Evidence
Submitted By:
Unknown
Relevance:
Oral testimony of the plaintiff supported the claims made in the suit.
Reference:
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 Mary Salomy K.A. vs M/s. Kasal India Pvt. Ltd. et al regarding realization of money.
Case Code Year
Case between Mary Salomy K.A. vs M/s. Kasal India Pvt. Ltd. et al regarding realization of money.