Case Summary
Zaheer Hussain filed a suit against C. Joseph for the recovery of a security deposit of 4,00,000/- that was not returned after the termination of a lease agreement. The plaintiff claims he vacated the property on 09.11.2020, while the defendant asserts he returned the amount on 23.10.2022.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
An amount of 4,00,000/- (Rupees four lakhs only) with interest at the rate of 6% per annum from 09.11.2020.
Case Type
Civil Suit
Final Judgment
No
The suit is partly decreed, directing the defendant to pay the plaintiff an amount of 4,00,000/- with interest at the rate of 6% per annum from 09.11.2020 until realization.
Why Plaintiff Won:
The plaintiff established his claim that the security amount was due upon vacating the premises.
The plaintiff established his claim that the security amount was due upon vacating the premises.
Losing Side's Weaknesses:
The plaintiff established his claim that the security amount was due upon vacating the premises.
The plaintiff established his claim that the security amount was due upon vacating the premises.
Supporting Evidence
The defendant had not taken any steps to have the plaintiff evicted from the property, and there was insufficient evidence showing the defendant returned the amount due to the plaintiff.
Judgment Evidence:
In the result, the suit is partly decreed as follows: The defendant is directed to pay to the plaintiff, an amount of 4,00,000/- (Rupees four lakhs only), with interest at the rate of 6% per annum from 09.11.2020 till its realization from the defendant or from the assets of the defendant.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Zaheer Hussain
- Party Age
- 46
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- C. Joseph
- Party Age
- 66
- Relation
- S/o
Plaintiffs Documents
Lease Agreement dated 09.11.2019, Complaint filed before S.I of Police, Tripunithura Police Station on 02.02.2022.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- V. K Kishor
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Ashna Aloysius
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Sreeja K.S
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Amrutha P.M
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Manju Luckose
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Girish Kumar M.S
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Akash S
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sruthy R
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Partly Granted
Description:
Recovery of the security deposit amount plus interest
Evidence:
The defendant is directed to pay to the plaintiff, an amount of 4,00,000/- (Rupees four lakhs only), with interest at the rate of 6% per annum (simple interest), from 09.11.2020 till its realization from the defendant or from the assets of the defendant.
Relief Type:
Costs
Outcome:
Granted
Description:
Entitlement to costs of the suit
Evidence:
the plaintiff is entitled to the costs of the suit from the defendant.
Documents & Evidence
Document Type:
Lease Agreement
Submitted By:
Plaintiff
Relevance:
The lease agreement details the terms of the tenancy and the payment of the security deposit.
Reference:
Ext.A1
Document Type:
Complaint
Submitted By:
Plaintiff
Relevance:
A copy of the complaint filed regarding the non-return of the security deposit.
Reference:
Ext.A2
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Common Reasons
Case Code
Case between Zaheer Hussain vs C. Joseph regarding recovery of security deposit
Case Code Year
Case between Zaheer Hussain vs C. Joseph regarding recovery of security deposit