Case Summary
The Kerala State Federation of Scheduled Caste and Scheduled Tribes Development Co-operative Ltd filed a suit against A.S Girish for eviction and recovery of arrears of rent due to non-payment. The defendant did not appear in court, leading to the case being heard ex-parte.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Defendant directed to surrender vacant possession of scheduled shop room and pay Rs.1,78,596 as arrears of rent with interest.
Case Type
Civil Suit
Final Judgment
No
The court decreed the suit, ordering the defendant to vacate the premises and pay an amount of Rs.1,78,596 as arrears of rent with interest. The defendant failed to appear in court, which led to a judgment in favor of the plaintiff.
Why Plaintiff Won:
The plaintiff established their case through uncontroverted testimony and documented evidence.
The plaintiff established their case through uncontroverted testimony and documented evidence.
Losing Side's Weaknesses:
The plaintiff established their case through uncontroverted testimony and documented evidence.
The plaintiff established their case through uncontroverted testimony and documented evidence.
Supporting Evidence
From the uncontroverted testimony of PW1 and Exts.A1 to A6 documents, the plaintiff had established his case warranting the grant of reliefs sought for.
Judgment Evidence:
In the result, the suit decreed with costs as follows: 1.The defendant is directed to surrender the vacant possession of scheduled shop room bearing No.19/3026 within 30 days from the date of this decree.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- The Kerala State Fedaration of Schedule Caste and Schedule Tribes Development Co-operative Ltd No.4351
- Party Role
- Defendant
- Party Name
- A.S Girish
- Party Age
- 44
- Relation
- S/o Sri Appu
Plaintiffs Documents
Resolution No.9(1)-3 dated 29/07/2019, Agreement of Lease, Notice dated 09/03/2018, Acknowledgment card, Copy of Advocate notice dated 06/06/2019, Acknowledgment card
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. Kulathoor S.V Premakumaran Nair
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Eviction
Outcome:
Granted
Description:
Eviction of the defendant from the shop room.
Evidence:
The defendant is directed to surrender the vacant possession of scheduled shop room bearing No.19/3026 within 30 days from the date of this decree.
Relief Type:
Recovery
Outcome:
Granted
Description:
Recovery of arrears of rent.
Evidence:
The Plaintiff is entitled to realize an amount of Rs.1,78,596/- (Rupees One lakh seventy eight thousand five hundred and ninety six only) as arrears of rent with further interest at the rate of 6% per annum from the date of decree till the date of realization.
Relief Type:
Costs
Outcome:
Granted
Description:
Recovery of costs of the suit from the defendant.
Evidence:
The Plaintiff is entitled to realize the cost of the suit from the defendant and his assets.
Documents & Evidence
Document Type:
Resolution
Submitted By:
Plaintiff
Relevance:
Resolution No.9(1)-3 dated 29/07/2019 establishes the authority of the plaintiff.
Reference:
Ext.A1
Document Type:
Agreement of Lease
Submitted By:
Plaintiff
Relevance:
The Agreement of Lease establishes the lease terms between the plaintiff and the defendant.
Reference:
Ext.A2
Document Type:
Notice
Submitted By:
Plaintiff
Relevance:
Notice dated 09/03/2018 serves as evidence of the demand for possession.
Reference:
Ext.A3
Document Type:
Acknowledgment card
Submitted By:
Plaintiff
Relevance:
Acknowledgment card indicates receipt of the notice by the defendant.
Reference:
Ext.A4
Document Type:
Copy of Advocate Notice
Submitted By:
Plaintiff
Relevance:
Copy of Advocate notice dated 06/06/2019 constitutes formal communication to the defendant.
Reference:
Ext.A5
Document Type:
Acknowledgment card
Submitted By:
Plaintiff
Relevance:
Acknowledgment card shows receipt of the Advocate notice.
Reference:
Ext.A6
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
Case between The Kerala State Fedaration of Schedule Caste and Schedule Tribes Development Co-operative Ltd No.4351 vs A.S Girish regarding eviction and recovery of arrears of rent
Case Code Year
Case between The Kerala State Fedaration of Schedule Caste and Schedule Tribes Development Co-operative Ltd No.4351 vs A.S Girish regarding eviction and recovery of arrears of rent