Case Summary
K.V.Abu Faizal filed a suit against Smt.Saajitha.T for the realization of rent arrears. The plaintiff claims that the defendant has not paid the arrears since the expiration of the rent agreement.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Defendant is directed to pay Rs.1,69,955 with future interest
Case Type
Civil Suit
Final Judgment
No
The court decreed the suit in favor of the plaintiff, ordering the defendant to pay the arrears along with interest.
Why Plaintiff Won:
The plaintiff provided sufficient evidence of non-payment of rent.
The plaintiff provided sufficient evidence of non-payment of rent.
Losing Side's Weaknesses:
The plaintiff provided sufficient evidence of non-payment of rent.
The plaintiff provided sufficient evidence of non-payment of rent.
Supporting Evidence
The case of the plaintiff who was examined as PW1 is that the plaint schedule property belongs to him. The same was entrusted for rent to the defendant as per Ext.A1 lease agreement dated 26.10.2010.
Judgment Evidence:
In the result, suit is decreed as follows: 1) The defendant is directed to pay an amount of Rs.1,69,955 with `future interest at 12% per annum from the date of suit till the date of decree and with interest @ 6% per annum from the date of decree till its realization to the plaintiff.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- K.V.Abu Faizal
- Party Age
- 34
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Smt.Saajitha.T
- Party Age
- 47
- Relation
- D/o
Plaintiffs Documents
Original Lease agreement executed between Plaintiff and Defendant, Photocopy of Deed of agreement executed between Plaintiff and defendant, Amenities of agreement between plaintiff and defendant
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri.P.Krishnakumar
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sri.Abdul Rouf
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
The court directed the defendant to pay an amount of Rs.1,69,955/- with future interest.
Evidence:
The defendant is directed to pay an amount of Rs.1,69,955/- (Rupees one lakh sixty nine thousand nine hundred and fifty five only) with `future interest at 12% per annum from the date of suit till the date of decree and with interest @ 6% per annum from the date of decree till its realization to the plaintiff.
Relief Type:
Costs
Outcome:
Granted
Description:
The court awarded costs to the plaintiff to be realized from the defendant.
Evidence:
The plaintiff is also entitled to realize costs of the suit from the defendant.
Documents & Evidence
Document Type:
Lease Agreement
Submitted By:
Plaintiff
Relevance:
This agreement outlines the terms of the rental arrangement between the plaintiff and the defendant.
Reference:
Ext.A1
Document Type:
Additional agreement
Submitted By:
Plaintiff
Relevance:
This document details an additional agreement made regarding the rental terms.
Reference:
Ext.A2
Document Type:
Amenities agreement
Submitted By:
Plaintiff
Relevance:
This agreement specifies the conditions regarding the amenities provided along with the rental space.
Reference:
Ext.A3
Document Type:
Common orders
Submitted By:
Court
Relevance:
This document is a certified copy of the orders related to eviction proceedings against the defendant.
Reference:
Ext.A4
Document Type:
Delivery order
Submitted By:
Court
Relevance:
This document verifies the delivery of the plaint schedule property as part of the execution proceedings.
Reference:
Ext.A5
Document Type:
Judgment
Submitted By:
Court
Relevance:
This is a certified copy of the judgment in another related case.
Reference:
Ext.A6
Case Classification
Case Type
Civil Suit
Category
Eviction and Rent Control
District
Kozhikode
State
Kerala
Court Establishment
Munsiff Court 2 Kozhikode
Common Reasons
Non-payment of rent
Case Code
Case between K.V.Abu Faizal vs Smt.Saajitha.T regarding realisation of arrears of rent
Case Code Year
Case between K.V.Abu Faizal vs Smt.Saajitha.T regarding realisation of arrears of rent