Case Summary
Subash and Anil, brothers and plaintiffs, are seeking to evict the defendant Nalini from a shop room and recover damages for unpaid rent. The defendant has failed to vacate despite the expiry of the rental agreement.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Defendant is directed to vacate the plaint schedule shop room and pay Rs. 5,000 as use and occupation charge with interest.
Case Type
Civil Suit
Final Judgment
No
The court decreed in favor of the plaintiffs, ordering the defendant to vacate the shop room and pay damages for use and occupation.
Why Plaintiff Won:
Plaintiffs established their entitlement to vacant possession and damages through unchallenged evidence.
Plaintiffs established their entitlement to vacant possession and damages through unchallenged evidence.
Losing Side's Weaknesses:
Plaintiffs established their entitlement to vacant possession and damages through unchallenged evidence.
Plaintiffs established their entitlement to vacant possession and damages through unchallenged evidence.
Supporting Evidence
Through the unchallenged oral and documentary evidence, plaintiffs have established that they are entitled to get vacant possession of the plaint schedule shop room and also entitled `5,000/- (Rupees Five Thousand only) as the use and occupation charge.
Judgment Evidence:
In the result, the suit is decreed as follows: 1.The defendant is hereby directed to vacate the vacant possession of the plaint schedule shop room within fourteen days from the date of the decree. 2.The plaintiffs are entitled to realize `5,000/- (Rupees Five Thousand only) as the use and occupation charge with 6% interest from the date of suit till realization.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Subash
- Party Age
- 55
- Relation
- S/o
- Party Role
- Plaintiff
- Party Name
- Anil
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Nalini
- Relation
- W/o
Plaintiffs Documents
Copy of Rent agreement dated 07/08/2019, Copy of lawyer notice dated 09/09/2020, Postal receipt, Postal acknowledgment card.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. R. Haribabu
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Eviction
Outcome:
Granted
Description:
The defendant is directed to vacate the vacant possession of the plaint schedule shop room within fourteen days from the date of the decree.
Evidence:
The defendant is hereby directed to vacate the vacant possession of the plaint schedule shop room within fourteen days from the date of the decree.
Relief Type:
Damages
Outcome:
Granted
Description:
The plaintiffs are entitled to realize `5,000/- (Rupees Five Thousand only) as the use and occupation charge with 6% interest from the date of suit till realization.
Evidence:
The plaintiffs are entitled to realize `5,000/- (Rupees Five Thousand only) as the use and occupation charge with 6% interest from the date of suit till realization.
Documents & Evidence
Document Type:
Copy of Rent agreement
Submitted By:
Plaintiff
Relevance:
Ext.A1 is rejected since it is a photocopy.
Reference:
Ext.A1
Document Type:
Copy of Lawyer Notice
Submitted By:
Plaintiff
Relevance:
Copy of lawyer notice dated 09.09.2020.
Reference:
Ext.A2
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
Postal receipt.
Reference:
Ext.A3
Document Type:
Postal Acknowledgment Card
Submitted By:
Plaintiff
Relevance:
Postal acknowledgment card.
Reference:
Ext.A4
Case Classification
Case Type
Civil Suit
Category
Eviction and Rent Control
District
Thiruvananthapuram
State
Kerala
Court Establishment
Munsiffs Court, Varkala
Common Reasons
Non-payment of rent
Case Code
Case between Subash vs Nalini regarding eviction and damages.
Case Code Year
Case between Subash vs Nalini regarding eviction and damages.