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O.S. No. 376/2021

Case between Salim Parvis vs Subin S regarding realization of money

Court
COURT OF MUNSIFF, ERNAKULAM
Judge
Smt. Needi.K.Dinamany
Order Date
2025-04-11
Duration
approximately-5 years 2 months
Case Closed
Fri, 04/11/2025 - 12:00

Judgement document from eCourt website

Judgment Document
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Case Summary

Salim Parvis filed a suit against Subin S for non-payment of rent and other dues under a rental agreement. The plaintiff claims that the defendant failed to fulfill the terms of the agreement, resulting in financial losses.

Judgment Outcome

Plaintiff Won
Interim Order
The court decreed the suit in favor of the plaintiff, ordering the defendant to pay an amount of Rs.21,323/- along with interest for the delay in payment. Additionally, the plaintiff is entitled to recover the costs of the suit.
Judgment Favored
Plaintiff
Relief Granted
Defendant shall pay Rs.21,323/- along with interest @6% from the date of suit till the date of decree or realization.
Case Type
Civil Suit
Final Judgment
No
The court decreed the suit in favor of the plaintiff, ordering the defendant to pay an amount of Rs.21,323/- along with interest for the delay in payment. Additionally, the plaintiff is entitled to recover the costs of the suit.
Why Plaintiff Won:
The plaintiff established a valid rental agreement and provided evidence of dues which the defendant failed to dispute effectively.
Losing Side's Weaknesses:
The plaintiff established a valid rental agreement and provided evidence of dues which the defendant failed to dispute effectively.
Supporting Evidence
It is not in dispute that plaintiff and defendant entered into rental agreement on 04.02.2020 whereby the plaintiff rented out the building to defendant for a monthly rent of Rs.10,000/- for a period of 11 months. Ext.A8 would show that plaint schedule property was purchased by plaintiff from Yusuf for consideration hence averments in written statement have no merits.

Judgment Evidence:

In the result, suit is decreed as follows: 1) Defendant shall pay Rs.21,323/- (Rupees Twenty one thousand three hundred twenty three only) along with interest @6% 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
Salim Parvis
Party Age
43
Relation
S/o
Party Role
Defendant
Party Name
Subin S
Relation
S/o
Plaintiffs Documents
Rental agreement dated 04.02.2020, Demand notice from the Kerala Water Authority, electricity receipts.
Defendants Documents

Advocates

Party Role
Plaintiff
Advocate Name
K P Aravindakshan
Appearance Type
Main Counsel
Party Role
Defendant
Advocate Name
P Sreekumar
Appearance Type
Main Counsel

Reliefs

Relief Type: Recovery
Outcome: Granted
Description:
Plaintiff sought recovery of a sum of Rs.21,323/- from the defendant.
Evidence:
The plaintiff has established a case and plaintiff is entitled to realize an amount of Rs.21,323/- with interest from defendants.
Relief Type: Costs
Outcome: Granted
Description:
Plaintiff is entitled to realize the costs of the suit.
Evidence:
Plaintiff is also entitled to realize the costs of the suit.

Documents & Evidence

Document Type: Rental Agreement
Submitted By: Plaintiff
Relevance:
This document is the rental agreement dated 04.02.2020 between the plaintiff and defendant, outlining the terms of the lease.
Reference:
Ext.A1
Document Type: Police Petition
Submitted By: Plaintiff
Relevance:
This document is a true copy of the petitioner lodged before the Sub Inspector of Police, Kalamassery, requesting assistance to realize the amount owed.
Reference:
Ext.A2
Document Type: Demand Notice
Submitted By: Plaintiff
Relevance:
This document shows a demand notice from the Kerala Water Authority demanding a payment of water charges.
Reference:
Ext.A3
Document Type: Receipt
Submitted By: Plaintiff
Relevance:
This is a receipt concerning payments related to the premises in question.
Reference:
Ext.A4
Document Type: Electricity Receipts
Submitted By: Plaintiff
Relevance:
This document consists of three electricity receipts that indicate outstanding utility charges.
Reference:
Ext.A5
Document Type: Lawyer Notice
Submitted By: Plaintiff
Relevance:
This document is an office copy of the lawyer's notice sent to the defendant, demanding payment of the dues.
Reference:
Ext.A6
Document Type: Acknowledgment card
Submitted By: Plaintiff
Relevance:
This document is an acknowledgment card related to the correspondence between the parties.
Reference:
Ext.A7
Document Type: Sale deed
Submitted By: Plaintiff
Relevance:
This notarized copy of the sale deed is relevant to establish the plaintiff's ownership of the property.
Reference:
Ext.A8
Document Type: Tax receipt
Submitted By: Plaintiff
Relevance:
This is the tax paid receipt issued from Thrikkakara North Village Office, relevant to the property owned by the plaintiff.
Reference:
Ext.A9

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 Salim Parvis vs Subin S regarding realization of money
Case Code Year
Case between Salim Parvis vs Subin S regarding realization of money

Quick Facts

Location
Ernakulam
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Case Filed
Thu, 02/04/2021 - 12:00
Case Closed
Fri, 04/11/2025 - 12:00
From
Tue, 04/01/2025 - 12:00
To
Wed, 04/30/2025 - 12:00
Outcome Confidence
90%

Involved Entities

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