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
The court dismissed the plaintiffs' suit and decreed the defendant's counter claim, ordering the plaintiffs to pay ₹1,45,000 with interest to the defendant.
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.
Why Defendant Won:
The plaintiffs failed to present relevant agreements and evidence supporting their claims.
The plaintiffs failed to present relevant agreements and evidence supporting their claims.
Supporting Evidence
The plaintiffs have miserably failed to prove that that the agreed maintenance charge in respect to the property had been ₹4,000/-. Hence this issue is answered as against the plaintiff.
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
Parties
- Party Role
- Plaintiff
- Party Name
- Abdul Azeez C.M
- Party Age
- 56
- Relation
- S/o
- Party Role
- Plaintiff
- Party Name
- Rani Abdul Azeez
- Party Age
- 49
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- D. Sajith
- Party Age
- 55
- Relation
- S/o
Plaintiffs Documents
Photo Copy of the Complaint submitted before the S.I of Police, Palarivattom Police Station, Office copy of the Lawyer Notice, Postal Receipt, Postal Acknowledgment Card
Defendants Documents
Photo copy of the Lease Deed, Photo copy of the Deed of Licence, Office copy of the Lawyer Notice, Postal Receipt, Reply Notice, Certified copy of the Judgment in S.T No. 1446/2018
Advocates
- Party Role
- Plaintiff
- Advocate Name
- K. A Rasheed
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- V.K Kishor
- Appearance Type
- Main Counsel
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
Case Classification
Case Type
Civil Suit
Category
Property and Possession Disputes
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Common Reasons
Non-payment of rent
Case Code
Case between Abdul Azeez C.M et al vs D. Sajith regarding money recovery
Case Code Year
Case between Abdul Azeez C.M et al vs D. Sajith regarding money recovery
Case Flags
Cheque-Related Case
Nature of Cheque Case
Cheque Dishonour under Section 138 N.I. Act