Case Summary
The case involves the Association for Welfare of the Handicapped suing Dinesh KV for non-payment of rent. The defendant had a rental agreement but failed to pay rent arrears amounting to Rs. 6,80,017.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The plaintiff is entitled to realise an amount of Rs. 6,80,017 with interest.
Case Type
Civil Suit
Final Judgment
No
The court decreed the suit in favor of the plaintiff, permitting them to recover the arrears from the defendant. The defendant was ordered to pay a total of Rs. 6,80,017 with interest.
Why Plaintiff Won:
The defendant's admission of the claim in the written statement supported the plaintiff's position.
The defendant's admission of the claim in the written statement supported the plaintiff's position.
Losing Side's Weaknesses:
The defendant's admission of the claim in the written statement supported the plaintiff's position.
The defendant's admission of the claim in the written statement supported the plaintiff's position.
Supporting Evidence
I find that this is a fit case to invoke Order 12 Rule 7 of CPC and a judgement is hereby passed on the admissions in the written statement.
Judgment Evidence:
In the result, the suit is decreed as follows: 1. The plaintiff is entitled to realise an amount of Rs. 6,80,017/- with interest at the rate of 12% per annum from the date of suit till the date of decree.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Association for Welfare of the Handicapped (AWH)
- Relation
- Represented by
- Party Role
- Defendant
- Party Name
- Dinesh KV
- Party Age
- 58
- Relation
- S/o
Plaintiffs Documents
Copy of Order in RCP 17/20 of 1st Addl.Munsiff Court, Kozhikode, Copy of letter issued by KV Dinesh to the receiver AWH, Calicut.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Smt.T Sunitha
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sri. Rathishlal K
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff is entitled to realise an amount of Rs. 6,80,017/- from the defendant.
Evidence:
The plaintiff is entitled to realise an amount of Rs. 6,80,017/- (Rupees Six lakh Eighty thousand and Seventeen only) from the defendant 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.
Relief Type:
Costs
Outcome:
Granted
Description:
Plaintiff is also entitled to realise the costs of the suit from the defendant.
Evidence:
The plaintiff is also entitled to realise the costs of the suit from the defendant.
Documents & Evidence
Document Type:
Copy of Order
Submitted By:
Plaintiff
Relevance:
Order in RCP 17/20 of 1st Addl.Munsiff Court, Kozhikode.
Reference:
Ext.A1
Document Type:
Letter
Submitted By:
Plaintiff
Relevance:
Letter issued by KV Dinesh to the receiver AWH, Calicut.
Reference:
Ext.A2
Document Type:
Letter
Submitted By:
Plaintiff
Relevance:
Letter issued by KV Dinesh to the receiver AWH, Calicut.
Reference:
Ext.A3
Document Type:
Certified copy of deposition
Submitted By:
Plaintiff
Relevance:
Deposition of RW1 in RCP 17/20 of 1st Addl.Munsiff Court, Kozhikode.
Reference:
Ext.A4
Document Type:
Registered Lawyer Notice
Submitted By:
Plaintiff
Relevance:
Notice issued by Adv.T Sunitha to Dinesh KV.
Reference:
Ext.A5
Document Type:
Acknowledgment card
Submitted By:
Plaintiff
Relevance:
Acknowledgment of the notice.
Reference:
Ext.A6
Document Type:
Certified copy of Delivery report
Submitted By:
Plaintiff
Relevance:
Delivery report in EP 225/23 in RCP 17/26 of Principal Munsiff Court-1, Kozhikode.
Reference:
Ext.A7
Case Classification
Case Type
Civil Suit
Category
Money and Loan Recovery
District
Kozhikode
State
Kerala
Court Establishment
Munsiff Court 1 Kozhikode
Common Reasons
Non-payment of rent
Case Code
Case between Association for Welfare of the Handicapped (AWH) vs Dinesh KV regarding recovery of rent arrears
Case Code Year
Case between Association for Welfare of the Handicapped (AWH) vs Dinesh KV regarding recovery of rent arrears