Case Summary
The plaintiff, a Devaswom, seeks to recover dues from the defendant, a businessman, for unpaid rent. The defendant has remained in the premises beyond the agreed lease term without paying the necessary increased rent.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
₹4,35,810/- with 6% interest from the date of the suit until realization.
Case Type
Civil Suit
Final Judgment
No
The court decreed the suit in favor of the plaintiff for the recovery of an amount due along with interest. The defendant is ordered to pay the costs of the suit as well.
Why Plaintiff Won:
The evidence and documents presented by the plaintiff supported the claim for the recovery of dues.
The evidence and documents presented by the plaintiff supported the claim for the recovery of dues.
Losing Side's Weaknesses:
The evidence and documents presented by the plaintiff supported the claim for the recovery of dues.
The evidence and documents presented by the plaintiff supported the claim for the recovery of dues.
Supporting Evidence
The oral and documentary evidence presented by PW1 proves that an amount of ₹4,35,810/- remains due from the defendant. There is no evidence on record indicating that the defendant has discharged his liability to the plaintiff.
Judgment Evidence:
In the result; the suit is decreed as follows: a) The plaintiff is entitled to realize an amount of ₹4,35,810/- (Rupees Four Lakhs Thirty-Five Thousand Eight Hundred and Ten only) remains due with 6% interest from the date of the suit until the date of realization from the defendant and his assets.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Alappuzha Anantha Narayanapuram Thuravoor Thirumala Devaswom
- Relation
- represented by its President and Now represented by the Power of Attorney Holder V. Santhoshkumar
- Party Role
- Defendant
- Party Name
- Abdul Rahim@ S. Rahim
- Party Age
- 46
Plaintiffs Documents
Certified Copy of the Power of Attorney, 5 Legal Notices dated 05/02/2022, Reply notice dated 09/02/2022
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. G.S. Sanal Kumar
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Sri. Bijulal.P
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
The plaintiff is entitled to recover an amount of ₹4,35,810/- with interest.
Evidence:
Hence, the above point is answered accordingly. In the result; the suit is decreed as follows: a) The plaintiff is entitled to realize an amount of ₹4,35,810/- (Rupees Four Lakhs Thirty-Five Thousand Eight Hundred and Ten only) remains due with 6% interest from the date of the suit until the date of realization from the defendant and his assets.
Relief Type:
Cost
Outcome:
Granted
Description:
The plaintiff is entitled to realize the costs of this suit from the defendant.
Evidence:
b) The plaintiff is also entitled to realize the costs of this suit from the defendant and his assets.
Documents & Evidence
Document Type:
Power of Attorney
Submitted By:
Plaintiff
Relevance:
Certified copy of the power of attorney was submitted by the plaintiff to support their claims.
Reference:
Ext.A1
Document Type:
Notice
Submitted By:
Plaintiff
Relevance:
Five notices dated 05/02/2022 were submitted to show that the lease was terminated and rent arrears were demanded.
Reference:
Ext.A2 to Ext.A6
Document Type:
Reply Notice
Submitted By:
Plaintiff
Relevance:
The reply notice sent by the defendant acknowledging receipt of the termination notice.
Reference:
Ext.A7
Case Classification
Case Type
Civil Suit
Category
Eviction and Rent Control
District
Thiruvananthapuram
State
Kerala
Court Establishment
Munsiff Court Thiruvananthapuram
Common Reasons
Non-payment of rent
Case Code
OS.NO.
Case Code Year
2022