Case Summary
K. Madhu, the plaintiff, is seeking to recover arrears of rent from K. Sathikumar, the defendant, who defaulted on payments after renting a property. The court has found in favor of the plaintiff due to sufficient evidence of the defendant's debt.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Plaintiff is entitled to realise an amount of ₹ 39,220 with 6% interest and costs from the defendant.
Case Type
Civil Suit
Final Judgment
No
The court decreed that K. Madhu is entitled to recover ₹ 39,220 from K. Sathikumar along with interest and costs. The decision was based on the evidence of rental agreements and non-payment.
Why Plaintiff Won:
The evidence presented by the plaintiff established the defendant's liability to pay the claimed amount.
The evidence presented by the plaintiff established the defendant's liability to pay the claimed amount.
Losing Side's Weaknesses:
The evidence presented by the plaintiff established the defendant's liability to pay the claimed amount.
The evidence presented by the plaintiff established the defendant's liability to pay the claimed amount.
Supporting Evidence
The oral and documentary evidence presented by PW1 proves that an amount of 39,220/- (Rupees Thirty-Nine Thousand Two Hundred and Twenty only) is due from the defendant.
Judgment Evidence:
In the result; the suit is decreed as follows: a) The plaintiff is entitled to realise an amount of 39,220/- (Rupees Thirty-Nine Thousand Two Hundred and Twenty only) with 6% interest from the date of the suit, till date of realization from the defendant and his assets.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- K. Madhu
- Party Age
- 39
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- K. Sathikumar
- Party Age
- 50
- Relation
- S/o
Plaintiffs Documents
Original Agreement dated 29.04.2017, Copy of Lawyers Notice dated 13.10.2017, Postal receipt evidencing dispatch, Original returned Advocate’s Notice.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. V.A.Jayaraj
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Sri.J.R. Unnikrishnan Nair
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff's entitlement to realize an amount of ₹39,220 with interest
Evidence:
The suit is decreed as follows: a)The plaintiff is entitled to realise an amount of 39,220/- (Rupees Thirty-Nine Thousand Two Hundred and Twenty only) with 6% interest from the date of the suit, till date of realization from the defendant and his assets.
Relief Type:
Recovery
Outcome:
Granted
Description:
Costs of the suit to be realized 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:
Original agreement
Submitted By:
Plaintiff
Relevance:
Evidence of the rental agreement and acknowledgment of arrears
Reference:
Ext.A1
Document Type:
Copy of Lawyers Notice
Submitted By:
Plaintiff
Relevance:
Notice issued to the defendant for payment of dues
Reference:
Ext.A2
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
Proof of dispatch of the lawyer's notice
Reference:
Ext.A3
Document Type:
Original returned Advocate’s Notice
Submitted By:
Plaintiff
Relevance:
Indicates the defendant's refusal to accept the notice
Reference:
Ext.A4
Case Classification
Case Type
Civil Suit
Category
Money and Loan Recovery
District
Thiruvananthapuram
State
Kerala
Court Establishment
Munsiff Court Thiruvananthapuram
Common Reasons
Non-payment of rent
Case Code
OS.NO.
Case Code Year
2017
Case Flags
Arrest Involved