Case Summary
Shibu, the plaintiff, seeks recovery of arrears of rent from Sivaraman K., the defendant, who has failed to pay the rent for leased shop rooms. The case evolved after the defendant defaulted on rent payments since November 2018.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The defendant shall pay an amount of Rs.1,77,878/- to the plaintiff with interest at the rate of 6% per annum from 07.08.2024 till realisation of decree amount.
Case Type
Civil Suit
Final Judgment
No
The suit is decreed in favor of the plaintiff, ordering the defendant to pay Rs.1,77,878/- along with interest and costs.
Why Plaintiff Won:
The plaintiff proved his case with unchallenged evidence.
The plaintiff proved his case with unchallenged evidence.
Losing Side's Weaknesses:
The plaintiff proved his case with unchallenged evidence.
The plaintiff proved his case with unchallenged evidence.
Supporting Evidence
The evidence of PW1, supported by the documentary evidence, stands unchallenged. As such this court finds that the plaintiff has succeeded to prove his case and he is entitled to a decree as prayed for.
Judgment Evidence:
In the result, the suit is decreed as follows: 1) The defendant shall pay an amount of Rs.1,77,878/- to the plaintiff with interest at the rate of 6% per annum from 07.08.2024 till realisation of decree amount.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Shibu
- Party Age
- 51
- Relation
- S/o. Late Sahadevan
- Party Role
- Defendant
- Party Name
- Sivaraman K.
- Party Age
- 75
- Relation
- S/o. Koran
Plaintiffs Documents
Copy of Rent Agreement executed between Sahadevan and Sivaraman K., Copy of Order in RCP 135/2020 of Additional Munsiff Court-I, Kozhikode
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. Rathishlal K.
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sri. P.P. Surendran
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sri. Gokul C.
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
The defendant shall pay an amount of Rs.1,77,878/- to the plaintiff with interest.
Evidence:
In the result, the suit is decreed as follows: 1)The defendant shall pay an amount of Rs.1,77,878/- (Rupees one lakh seventy seven thousand eight hundred and seventy eight only) to the plaintiff with interest at the rate of 6% per annum from 07.08.2024 till realisation of decree amount.
Relief Type:
Cost
Outcome:
Granted
Description:
The plaintiff shall be entitled to realize the costs of the suit.
Evidence:
Cost of the suit shall follow the event.
Documents & Evidence
Document Type:
Rent Agreement
Submitted By:
Plaintiff
Relevance:
The document is used to establish the lease agreement between the plaintiff and the defendant.
Reference:
Ext.A1
Document Type:
Order
Submitted By:
Court
Relevance:
The document is referenced to show the court's previous order regarding the deposit of rent arrears.
Reference:
Ext.A2
Case Classification
Case Type
Civil Suit
Category
Eviction and Rent Control
District
Kozhikode
State
Kerala
Court Establishment
Munsiff Court 1 Kozhikode
Common Reasons
Non-payment of rent
Case Code
Case between Shibu vs Sivaraman K. regarding realisation of money
Case Code Year
Case between Shibu vs Sivaraman K. regarding realisation of money