Case Summary
The case involves the plaintiff Ashraf who filed a suit for recovery of rent arrears against the defendants Sikkanthar and Muhammed Ashraf. The plaintiff alleges failure of the defendants to pay rent for a property entrusted to them under a lease agreement.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Defendants are directed to pay ₹7,83,000 to the plaintiff towards rent arrears with interest.
Case Type
Civil Suit
Final Judgment
No
The court decreed the suit in favor of the plaintiff, ordering the defendants to pay a total of ₹7,83,000 towards rent arrears with interest.
Why Plaintiff Won:
The unchallenged evidence of the plaintiff demonstrated entitlement to a decree as prayed for.
The unchallenged evidence of the plaintiff demonstrated entitlement to a decree as prayed for.
Losing Side's Weaknesses:
The unchallenged evidence of the plaintiff demonstrated entitlement to a decree as prayed for.
The unchallenged evidence of the plaintiff demonstrated entitlement to a decree as prayed for.
Supporting Evidence
The unchallenged evidence of PW1 and Ext.A1 to A7 would show that the plaintiff is entitled to a decree as prayed for.
Judgment Evidence:
In the result, the suit is decreed as follows: Defendants are directed to Pay ₹7,83,000/- to the plaintiff towards rent arrears with interest at the rate of 12% per annum from the date of suit till the date of decree and with future interest at the rate of 6% from the date of decree till realisation of decree amount.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Ashraf
- Party Age
- 61
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Sikkanthar
- Party Age
- 38
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Muhammed Ashraf
- Party Age
- 40
- Relation
- S/o
Plaintiffs Documents
Copy of registered lawyer notice with postal receipts, Unclaimed cover with Acknowledgement card of returned Lawyer Notice, Acknowledgement card, Pass book of Kshemanidhi deposit, Copy of License agreement.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri.K.M.Muhammed Iqubal
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Smt.C.V.Noorjahan.C.V
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sri.KM Musthafa
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- Sri.Prasanth U
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Defendants are directed to pay ₹7,83,000/- to the plaintiff towards rent arrears.
Evidence:
In the result, the suit is decreed as follows: Defendants are directed to Pay ₹7,83,000/- to the plaintiff towards rent arrears with interest at the rate of 12% per annum from the date of suit till the date of decree and with future interest at the rate of 6% from the date of decree till realization of decree amount.
Relief Type:
Other
Outcome:
Granted
Description:
The plaintiff is entitled to get the costs of the suit from the defendants.
Evidence:
In the result, the suit is decreed as follows: The plaintiff is entitled to get the costs of the suit from the defendants.
Documents & Evidence
Document Type:
Copy of registered lawyer notice with postal receipts
Submitted By:
Plaintiff
Relevance:
Issued by Adv.KM Muhammed Iqubal to Sikkandhar and another.
Reference:
Ext.A1
Document Type:
Unclaimed cover with Acknowledgement card of returned Lawyer Notice
Submitted By:
Plaintiff
Relevance:
Part of the evidence presented by the plaintiff.
Reference:
Ext.A2
Document Type:
Unclaimed cover with Acknowledgement card of returned Lawyer Notice
Submitted By:
Plaintiff
Relevance:
Part of the evidence presented by the plaintiff.
Reference:
Ext.A3
Document Type:
Acknowledgement Card
Submitted By:
Plaintiff
Relevance:
Part of the evidence presented by the plaintiff.
Reference:
Ext.A4
Document Type:
Pass book of Kshemanidhi deposit
Submitted By:
Plaintiff
Relevance:
Evidence of payments made by the defendants.
Reference:
Ext.A5
Document Type:
Pass book of Kshemanidhi deposit
Submitted By:
Plaintiff
Relevance:
Evidence of payments made by the defendants.
Reference:
Ext.A6
Document Type:
Pass book issued by Vengeri Urban Co-operative Society
Submitted By:
Plaintiff
Relevance:
Evidence of payments made by the defendants.
Reference:
Ext.A7
Document Type:
Copy of License agreement
Submitted By:
Plaintiff
Relevance:
Evidence of rent agreement between M.K.Ashraf and Muhammed Ashraf.
Reference:
Ext.A8
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Kozhikode
State
Kerala
Court Establishment
Munsiff Court 1 Kozhikode
Common Reasons
Non-payment of rent
Case Code
O.S.NO.
Case Code Year
2022