Case Summary
The plaintiffs, including a company and its directors, sought to recover a sum of Rs. 75,000/- from the defendants, who are the landlords, related to a tenancy agreement. The defendants have not repaid the full amount due as per the agreement after the plaintiffs vacated the premises.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Payment of Rs. 75,000/- with interest @ 12% per annum until payment is made in full.
Case Type
Civil Suit
Final Judgment
No
The court ruled in favor of the plaintiffs, allowing them to recover Rs. 75,000/- from the defendants with interest.
Why Plaintiff Won:
The evidence and admissions from the defendants confirmed the plaintiffs' claims regarding the tenancy and outstanding payments.
The evidence and admissions from the defendants confirmed the plaintiffs' claims regarding the tenancy and outstanding payments.
Losing Side's Weaknesses:
The evidence and admissions from the defendants confirmed the plaintiffs' claims regarding the tenancy and outstanding payments.
The evidence and admissions from the defendants confirmed the plaintiffs' claims regarding the tenancy and outstanding payments.
Supporting Evidence
Therefore, the burden is upon the defendants to prove that they are not liable to pay the balance amount to the plaintiff company. That burden was not proved by the defendants.
Judgment Evidence:
In the result, the suit is decreed with costs as follows: A) The plaintiff is allowed to recover Rs. 75,000/- (Rupees Seventy Five Thousand only) with interest @ 12% per annum from the date of suit till the date of decree and thereafter with interest @ 6% per annum from the date of decree till entire realization in full from the defendants and their assets.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Rose Opticals Pvt LTD
- Relation
- Represented by
- Party Role
- Plaintiff
- Party Name
- K.Ajayakumar
- Party Age
- 36
- Relation
- S/o
- Party Role
- Plaintiff
- Party Name
- Abhilash.S
- Party Age
- 36
- Relation
- S/o
- Party Role
- Plaintiff
- Party Name
- Anilkumar.S
- Party Age
- 46
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- S.Ajayakumar Prabha
- Party Age
- 55
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- R.S.Mini
- Party Age
- 50
- Relation
- W/o
Plaintiffs Documents
Certified true copy of Resolution Board, Rent Agreements, Copy of the registered notice, Postal receipts, Acknowledgment Card, Undelivered Registered Notice, TDS Certificates.
Defendants Documents
Copy of TDS Certificate, Acknowledgment of Income Tax Return, Copy of E-Filling, Certificates.
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. V.S.Bhasurendran Nair
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiffs sought to recover Rs. 75,000/- with interest.
Evidence:
Thus, the plaintiff is entitled for realising the amount of Rs. 75000/-.
Documents & Evidence
Document Type:
Certified true copy of Resolution Board
Submitted By:
Plaintiff
Relevance:
Used to establish the authority of the plaintiffs to file the suit.
Reference:
Ext.A1
Document Type:
Rent Agreements
Submitted By:
Plaintiff
Relevance:
These were relied upon to substantiate the tenancy agreement with the defendants.
Reference:
Ext.A2, Ext.A2(a)
Document Type:
Copy of the registered notice
Submitted By:
Plaintiff
Relevance:
Presented for notifying the defendants regarding the outstanding dues.
Reference:
Ext.A3
Document Type:
Postal Receipts
Submitted By:
Plaintiff
Relevance:
Used to verify communication with the defendants.
Reference:
Ext.A4
Document Type:
Acknowledgment card
Submitted By:
Plaintiff
Relevance:
Provided as evidence of receipt of notices by the defendants.
Reference:
Ext.A5
Document Type:
Undelivered Registered Notice
Submitted By:
Plaintiff
Relevance:
Indicated attempts to communicate with the defendants.
Reference:
Ext.A6
Document Type:
TDS Certificate
Submitted By:
Plaintiff
Relevance:
Presented to show compliance with tax obligations and to substantiate the payments made.
Reference:
Ext.A7, Ext.A8, Ext.A9, Ext.A10, Ext.A16, Ext.A17, Ext.A18, Ext.A19
Document Type:
Original Electricity Bill
Submitted By:
Plaintiff
Relevance:
Provided to confirm payment of utilities by the plaintiffs.
Reference:
Ext.A14, Ext.A14(a)
Document Type:
Original Bill Payment Receipt
Submitted By:
Plaintiff
Relevance:
Used to establish payment of utility bills.
Reference:
Ext.A14(b), Ext.A14(c)
Document Type:
Copy of Complaint (Health Inspector)
Submitted By:
Plaintiff
Relevance:
Relevant for contextual background of the tenancy.
Reference:
Ext.A15
Document Type:
Copy of TDS Certificate
Submitted By:
Defendant
Relevance:
Used to substantiate the defendants' claims regarding financial transactions.
Reference:
Ext.B1
Document Type:
Acknowledgment of Income Tax Return
Submitted By:
Defendant
Relevance:
Provided as evidence to support the defendants' income disclosure and tax compliance.
Reference:
Ext.B2
Document Type:
Copy of E-Filling
Submitted By:
Defendant
Relevance:
Used to show tax filing status of the defendant.
Reference:
Ext.B3
Document Type:
Certificate
Submitted By:
Defendant
Relevance:
Presented to support the defendants' arguments about financial matters.
Reference:
Ext.B4, Ext.B5, Ext.B6
Document Type:
Original rent agreement
Submitted By:
Defendant
Relevance:
Referred to in the context of establishing rental terms.
Reference:
Ext.B7
Document Type:
Oral Evidence
Submitted By:
Court
Relevance:
Included testimonies from witnesses aiding in the judgment.
Reference:
Case Classification
Case Type
Civil Suit
Category
Money and Loan Recovery
District
Thiruvananthapuram
State
Kerala
Court Establishment
Munsiff Court Thiruvananthapuram
Common Reasons
Recovery of money
Case Code
Case between Rose Opticals Pvt LTD et al vs S.Ajayakumar Prabha et al regarding realisation of money
Case Code Year
Case between Rose Opticals Pvt LTD et al vs S.Ajayakumar Prabha et al regarding realisation of money
Case Flags
Cheque-Related Case
Nature of Cheque Case
Cheque dishonour