Case Summary
The plaintiff, Mrs. Bindhu Anil, is seeking recovery of rent arrears from the defendant, Mr. K.V James, for the apartment leased to him. The defendant has defaulted on rent payments, leading to this legal action.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The defendant is directed to pay to the plaintiff, an amount of 44,000/- with interest at the rate of 6% per annum from the date of institution of the suit.
Case Type
Civil Suit
Final Judgment
No
The court has decreed in favor of the plaintiff, ordering the defendant to pay 44,000/- with interest as arrears of rent. The plaintiff is also entitled to the costs of the suit.
Why Plaintiff Won:
The plaintiff provided sufficient evidence of the rent arrears, whereas the defendant failed to substantiate his defenses.
The plaintiff provided sufficient evidence of the rent arrears, whereas the defendant failed to substantiate his defenses.
Losing Side's Weaknesses:
The plaintiff provided sufficient evidence of the rent arrears, whereas the defendant failed to substantiate his defenses.
The plaintiff provided sufficient evidence of the rent arrears, whereas the defendant failed to substantiate his defenses.
Supporting Evidence
The plaintiff has categorically deposed before the court that the defendant had correctly paid rent during the covid pandemic. The case advanced by the plaintiff is that the eight months rent from May 2020 to December 2020 is due from the defendant...
Judgment Evidence:
In the result, the suit is decreed as follows- I. The defendant is directed to pay to the plaintiff, an amount of 44,000/- (Rupees forty four thousand only) with interest at the rate of 6% per annum from the date of institution of the suit...
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Mrs. Bindhu Anil
- Party Age
- 52
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Mr. K.V James
- Party Age
- 37
- Relation
- S/o
Plaintiffs Documents
Copy of Lawyer Notice, Copy of Postal Receipt, Copy of Returned Postal Cover
Defendants Documents
Payment Receipt issued by Chandra Towers Apartment Owners Association, Payment Receipt issued by Chandra Towers Apartment Owners Association, Payment of Receipt issued by Chandra Towers Apartment Owners Association
Advocates
- Party Role
- Plaintiff
- Advocate Name
- K.J Kuriachan
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Sunil Jacob
- Appearance Type
- Assisting Counsel
- Party Role
- Plaintiff
- Advocate Name
- Animisha Sathyan
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- P. V Anilkumar
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff entitled to recover ₹44,000/- from the defendant.
Evidence:
In the result, the suit is decreed as follows- I. The defendant is directed to pay to the plaintiff, an amount of 44,000/- 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.
Relief Type:
Costs
Outcome:
Granted
Description:
Plaintiff entitled to the 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:
Copy of Lawyer Notice
Submitted By:
Plaintiff
Relevance:
The lawyer notice issued by the plaintiff to the defendant calling for the payment of arrears of rent.
Reference:
Ext.A1
Document Type:
Copy of postal receipt
Submitted By:
Plaintiff
Relevance:
Postal receipt related to the lawyer notice, subject to proof.
Reference:
Ext.A2
Document Type:
Copy of Returned Postal Cover
Submitted By:
Plaintiff
Relevance:
Returned postal cover related to the lawyer notice, subject to proof.
Reference:
Ext.A3
Document Type:
Payment Receipt issued by Chandra Towers Apartment Owners Association
Submitted By:
Defendant
Relevance:
Evidence of payments made by the defendant towards common amenities.
Reference:
Ext.B1 series
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 Mrs. Bindhu Anil vs Mr. K.V James regarding arrears of rent.
Case Code Year
Case between Mrs. Bindhu Anil vs Mr. K.V James regarding arrears of rent.