Case Summary
The plaintiff, a registered partnership firm, is seeking to recover rent arrears and damages from the defendants, who were tenants. The defendants claim they vacated the property and dispute the rent owed.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Defendants shall pay the plaintiff a sum of ₹ 6,04,000/- along with interest.
Case Type
Civil Suit
Final Judgment
No
The court rendered a favorable decision for the plaintiff, ordering the defendants to pay a total of ₹ 6,04,000/- along with interest. Costs of the suit were also granted in favor of the plaintiff.
Why Plaintiff Won:
The defendants did not provide sufficient evidence to support their claims of having vacated the property and failing to pay rent.
The defendants did not provide sufficient evidence to support their claims of having vacated the property and failing to pay rent.
Losing Side's Weaknesses:
Not available
Not available
Supporting Evidence
The plaintiff has not produced and marked the lease agreement. However, the defendant No.1 in their written statement has admitted that they had taken the plaint schedule building on lease from the plaintiff on 27-02-2019 for rent agreeing to pay the rent 5th of every month.
Judgment Evidence:
In the result, the suit is decreed in part as follows- 1) Defendant shall pay the plaintiff a sum of Rs. 6,04,000/- being the sum total of 3,96,000/- which is the rent in arrears from 27.02.2019 to 26.09.2020 and 3,08,000/- for the period from 27.9.2020 to 27.10.2021 along with interest at the rate of 7% per annum from the date of the suit till the date of the decree and @ 6% per annum from the date of the decree till realisation.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- M/s Maniamkot Advertisement Company
- Relation
- Represented by
- Party Role
- Defendant
- Party Name
- Joseph K.L
- Party Age
- 51
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Antony C John
- Party Age
- 41
- Relation
- S/o
Plaintiffs Documents
Certified copy of the Partnership deed, Certified copy of the certificate of Registration, Resolution, Office copy of the lawyer notice issued to the defendants, Postal receipts (2 nos), Postal acknowledgment card for service of lawyer notice to 1st defendant, Postal acknowledgment card for service of lawyer notice to 2nd defendant, Reply notice issued on behalf of the 1st respondent, Reply notice issued on behalf of the 2nd respondent, Original of the sale deed no. 2202/12 of SRO Maradu
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Thomas M Jacob
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Alex M Jose
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- Benedicta Vembly
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- N.C.Joseph
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- M.P.Rexy
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- Vidya A.K
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff sought recovery of total amount of ₹ 6,04,000/- from the defendants.
Evidence:
The suit is decreed in part as follows- Defendant shall pay the plaintiff a sum of Rs. 6,04,000/- being the sum total of 3,96,000/- which is the rent in arrears from 27.02.2019 to 26.09.2020 and 3,08,000/- for the period from 27.9.2020 to 27.10.2021 along with interest at the rate of 7% per annum from the date of the suit till the date of the decree and @ 6% per annum from the date of the decree till realisation.
Relief Type:
Costs
Outcome:
Granted
Description:
Plaintiff is entitled to the costs of the suit.
Evidence:
Hence, the issue of costs is found in favour of the plaintiff.
Documents & Evidence
Document Type:
Partnership Deed
Submitted By:
Plaintiff
Relevance:
Certified copy of the Partnership deed as evidence of the plaintiff's status as a registered partnership firm.
Reference:
Ext.A1
Document Type:
Certificate of Registration
Submitted By:
Plaintiff
Relevance:
Certified copy of the certificate of Registration as proof of the plaintiff's corporate identity.
Reference:
Ext.A2
Document Type:
Resolution
Submitted By:
Plaintiff
Relevance:
Resolution related to operational decisions made by the partnership.
Reference:
Ext.A3
Document Type:
Office copy of the lawyer notice
Submitted By:
Plaintiff
Relevance:
Office copy of the lawyer notice issued to the defendants demanding payment of rent arrears and damages.
Reference:
Ext.A4
Document Type:
Postal Receipts
Submitted By:
Unknown
Relevance:
Postal receipts as evidence of shipment of notices.
Reference:
Ext.A5
Document Type:
Postal Acknowledgment Card
Submitted By:
Unknown
Relevance:
Acknowledgment card for service of lawyer notice to the 1st defendant.
Reference:
Ext.A6
Document Type:
Postal Acknowledgment Card
Submitted By:
Unknown
Relevance:
Acknowledgment card for service of lawyer notice to the 2nd defendant.
Reference:
Ext.A7
Document Type:
Reply Notice
Submitted By:
Defendant
Relevance:
Reply notice issued on behalf of the 1st respondent denying claims.
Reference:
Ext.A8
Document Type:
Reply Notice
Submitted By:
Defendant
Relevance:
Reply notice issued on behalf of the 2nd respondent denying claims.
Reference:
Ext.A9
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
Original of sale deed as evidence of ownership of the property.
Reference:
Ext.A10
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Commission Report filed by Adv. Animisha Sathyan mentioned findings on the condition of the property.
Reference:
Ext.C1
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 M/s Maniamkot Advertisement Company vs Joseph K.L, Antony C John regarding realization of rent arrears
Case Code Year
Case between M/s Maniamkot Advertisement Company vs Joseph K.L, Antony C John regarding realization of rent arrears