Case Summary
The plaintiff, M/s. Ganesh Cloth Mart, leased shop rooms from the defendants, C. Haridas and Chaliyil Shimla. After the lease term ended, the plaintiff sought the return of advance money due to business loss and non-compliance from the defendants.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Defendants are directed to receive the key of the shop rooms and to pay an amount of Rs.1,56,006/- with 6% interest.
Case Type
Civil Suit
Final Judgment
No
The suit is decreed in favor of the plaintiff, directing the defendants to receive the shop room keys and pay the plaintiff a total of Rs.1,56,006/- with interest.
Why Plaintiff Won:
The unchallenged evidence of PW1 coupled with Exts.A1 to A4 would prove the case of the plaintiff.
The unchallenged evidence of PW1 coupled with Exts.A1 to A4 would prove the case of the plaintiff.
Losing Side's Weaknesses:
The unchallenged evidence of PW1 coupled with Exts.A1 to A4 would prove the case of the plaintiff.
The unchallenged evidence of PW1 coupled with Exts.A1 to A4 would prove the case of the plaintiff.
Supporting Evidence
The unchallenged evidence of PW1 coupled with Exts.A1 to A4 would prove the case of the plaintiff.
Judgment Evidence:
In the result, suit is decreed as follows: Defendants are directed by way of mandatory injunction to receive the key of the shop rooms. Defendants are directed to pay an amount of Rs.1,56,006/- (Rupees one lakh fifty six thousand and six only) with 6% interest from date of suit till its realisation. Defendants are directed to pay costs of the suit to the plaintiff.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- M/s. Ganesh Cloth Mart
- Relation
- Represented by
- Party Role
- Defendant
- Party Name
- C. Haridas
- Party Age
- 57
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Chaliyil Shimla
- Party Age
- 52
- Relation
- W/o
Plaintiffs Documents
Photocopy of Rent Agreement executed between Plaintiff’s firm and defendants, Copies of Lawyer notices.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri.Simon Chacko
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- P.R.Sheeja
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Adv.P.Rajmohan
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Mandatory Injunction
Outcome:
Granted
Description:
Defendants are directed to receive the key of the shop rooms.
Evidence:
Defendants are directed by way of mandatory injunction to receive the key of the shop rooms.
Relief Type:
Damages
Outcome:
Granted
Description:
Defendants are directed to pay an amount of Rs.1,56,006/- with interest.
Evidence:
Defendants are directed to pay an amount of Rs.1,56,006/- (Rupees one lakh fifty six thousand and six only) with 6% interest from date of suit till its realisation.
Relief Type:
Other
Outcome:
Granted
Description:
Defendants are directed to pay costs of the suit to the plaintiff.
Evidence:
Defendants are directed to pay costs of the suit to the plaintiff.
Documents & Evidence
Document Type:
Rent Agreement
Submitted By:
Plaintiff
Relevance:
Proves the leasing terms between the plaintiff and defendants.
Reference:
Ext.A1
Document Type:
Lawyer Notice
Submitted By:
Plaintiff
Relevance:
Notifies the defendants about the plaintiff's demands.
Reference:
Ext.A2
Document Type:
Postal Acknowledgment Card
Submitted By:
Plaintiff
Relevance:
Confirms receipt of the second lawyer notice by the defendants.
Reference:
Ext.A2(a)
Document Type:
Postal Acknowledgment Card
Submitted By:
Plaintiff
Relevance:
Confirms receipt of the lawyer notice.
Reference:
Ext.A2(b)
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
Evidence of postal communication related to the second lawyer notice.
Reference:
Ext.A2(c)
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
Further evidence of postal communication.
Reference:
Ext.A2(d)
Document Type:
Lawyer Notice
Submitted By:
Plaintiff
Relevance:
Notifies the defendants about follow-up demands by the plaintiff.
Reference:
Ext.A3
Document Type:
Postal Acknowledgment Card
Submitted By:
Plaintiff
Relevance:
Confirms receipt of the third lawyer notice.
Reference:
Ext.A3(a)
Document Type:
Postal Acknowledgment Card
Submitted By:
Plaintiff
Relevance:
Confirms receipt of the lawyer notice.
Reference:
Ext.A3(b)
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
Evidence of postal communication related to the third lawyer notice.
Reference:
Ext.A3(c)
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
Further evidence of postal communication.
Reference:
Ext.A3(d)
Document Type:
Partnership Deed
Submitted By:
Plaintiff
Relevance:
Supports the plaintiff's claims regarding the partnership.
Reference:
Ext.A4
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 M/s. Ganesh Cloth Mart vs C. Haridas et al regarding return of advance money and mandatory injunction.
Case Code Year
Case between M/s. Ganesh Cloth Mart vs C. Haridas et al regarding return of advance money and mandatory injunction.