Case Summary
The plaintiffs, Abdul Azeez C.M and Rani Abdul Azeez, filed a suit against the defendant, D. Sajith, for recovery of an amount due for damages and unpaid fees related to a lease agreement. The defendant denied the allegations and filed a counter claim for the return of a security deposit.
Judgment Outcome
Judgment Favored
Defendant
Relief Granted
₹1,45,000 with interest at the rate of 6% per annum
Case Type
Civil Suit
Final Judgment
No
Key Reasoning:
The plaintiffs failed to present relevant agreements and evidence supporting their claims.
The plaintiffs failed to present relevant agreements and evidence supporting their claims.
Judgment Evidence:
In the result, the suit is dismissed and the counter claim is decreed partly as follows: The plaintiffs are directed to pay to the defendant, an amount of ₹1,45,000/- (Rupees one lakh forty five thousand only) with interest at the rate of 6% per annum (simple interest) from 04.04.2018, till its realisation from the plaintiffs or from assets of plaintiffs.
Parties Involved
Plaintiffs
Abdul Azeez C.M (56 years)
4D, Oriental Gardens, Karukappally - Mamangalam Road, Elamakkara P.O, Ernakulam Dt.
Rani Abdul Azeez (49 years)
4D, Oriental Gardens, Karukappally - Mamangalam Road, Elamakkara P.O, Ernakulam Dt.
Defendants
D. Sajith (55 years)
Pera - 26, Nanthanam, Pulikkillam East Road, Chembumukku, Kakkanad West P.O, Kochi - 682 030
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiffs seek recovery of ₹2,45,000/- from the defendant.
Evidence:
The suit is dismissed and the counter claim is decreed partly as follows: the plaintiffs are directed to pay to the defendant, an amount of ₹1,45,000/-.
Relief Type:
Other
Outcome:
Granted
Description:
The defendant is entitled to the costs of the suit.
Evidence:
The defendant is entitled to the costs of the suit and also the costs of the counter claim from the plaintiffs.
Documents & Evidence
Document Type:
Complaint
Submitted By:
Plaintiff
Relevance:
Document submitted before the S.I of Police regarding the dispute.
Reference:
Ext.A1
Document Type:
Lawyer Notice
Submitted By:
Plaintiff
Relevance:
Notice issued to the defendant seeking payment of dues.
Reference:
Ext.A2
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
Proof of sending the lawyer notice to the defendant.
Reference:
Ext.A3
Document Type:
Postal Acknowledgment Card
Submitted By:
Plaintiff
Relevance:
Acknowledgment of receipt from the defendant regarding the lawyer notice.
Reference:
Ext.A4
Document Type:
Lease Deed
Submitted By:
Defendant
Relevance:
Photocopy of the lease agreement as part of the evidence.
Reference:
Ext.B1
Document Type:
Deed of Licence
Submitted By:
Defendant
Relevance:
Photocopy of the license agreement as part of the evidence.
Reference:
Ext.B2
Document Type:
Lawyer Notice
Submitted By:
Defendant
Relevance:
Notice issued by the defendant regarding the dispute.
Reference:
Ext.B3
Document Type:
Postal receipt
Submitted By:
Defendant
Relevance:
Proof of sending the notice to the plaintiffs.
Reference:
Ext.B4
Document Type:
Reply Notice
Submitted By:
Defendant
Relevance:
Response from the defendant to the notice issued by the plaintiffs.
Reference:
Ext.B5
Document Type:
Judgment
Submitted By:
Court
Relevance:
Certified copy of the judgment in a related case.
Reference:
Ext.B6
Document Type:
Complaint Register
Submitted By:
Court
Relevance:
Verified true copy of the register maintained by police.
Reference:
Ext.X1
Document Type:
Police Report
Submitted By:
Court
Relevance:
Report submitted by the inspector of police regarding the case.
Reference:
Ext.X2