Case Summary
Abraham Benchamin, the plaintiff, is seeking to recover ₹9,75,025 from the defendants as arrears of rent for two rooms leased to M/s Anjali Traders. The defendants defaulted on rental payments since October 2018 and did not respond to legal notices.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Ordered the defendants to pay ₹9,75,025 with interest at 6% per annum.
Case Type
Civil Suit
Final Judgment
No
The court decreed the suit in favor of the plaintiff, ordering the defendants to pay ₹9,75,025 with interest at 6% per annum. The plaintiff is also entitled to recover costs from the defendants.
Why Plaintiff Won:
The court found no evidence rebutting the plaintiff's claims and established the entitlement to the claimed reliefs.
The court found no evidence rebutting the plaintiff's claims and established the entitlement to the claimed reliefs.
Losing Side's Weaknesses:
The court found no evidence rebutting the plaintiff's claims and established the entitlement to the claimed reliefs.
The court found no evidence rebutting the plaintiff's claims and established the entitlement to the claimed reliefs.
Supporting Evidence
The plaint averments, affidavit and the documents would establish the case of the plaintiff. There is no evidence to rebut the evidence adduced on the side of the plaintiff.
Judgment Evidence:
In the result, the suit is decreed as follows; 1) It is ordered that the defendants to pay to the plaintiff the sum of ₹9,75,025 with interest thereon at the rate of 6% per annum from the date of institution of the suit till the date of realization of the sum.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Abraham Benchamin
- Party Age
- 48
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- M/s Anjali Traders
- Relation
- represented by defendants two to four its partners
- Party Role
- Defendant
- Party Name
- M Sreejith
- Party Age
- 35
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Renjith M
- Party Age
- 33
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Jayalakshmi T
- Party Age
- 63
- Relation
- W/o
Plaintiffs Documents
Office copy of lawyers Notice dated 30.08.2022, Office copy of lawyers Notice dated 31.12.2022, Postal receipts.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Vinodji
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Recovery of arrears of rent amounting to ₹9,75,025 with interest.
Evidence:
It is ordered that the defendants to pay to the plaintiff the sum of ₹9,75,025 with interest thereon at the rate of 6% per annum from the date of institution of the suit till the date of realization of the sum.
Relief Type:
Other
Outcome:
Granted
Description:
Entitlement to recover costs from the defendants.
Evidence:
The plaintiff is entitled to realise the costs from the defendants.
Documents & Evidence
Document Type:
Lawyer's Notice
Submitted By:
Plaintiff
Relevance:
Office copies of lawyer's notices demanding payment of rent arrears.
Reference:
Ext.A1, Ext.A2
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
Postal receipts confirming the sending of notices to the defendants.
Reference:
Ext.A3 to Ext.A4 (incl. a to b)
Document Type:
Acknowledgment card
Submitted By:
Plaintiff
Relevance:
Acknowledgment cards signed by the defendants confirming receipt of notices.
Reference:
Ext.A5 to Ext.A6 (incl. a to b)
Document Type:
Certified Copy of Judgment
Submitted By:
Plaintiff
Relevance:
Judgments from prior cases establishing the plaintiff's remaining right to the rents.
Reference:
Ext.A7, Ext.A9
Document Type:
Electricity Board Receipt
Submitted By:
Plaintiff
Relevance:
Receipts from the Electricity Board demonstrating the property’s usage and payment history.
Reference:
Ext.A8 (incl. a to m)
Document Type:
Certified copy of written statement
Submitted By:
Plaintiff
Relevance:
Written statement related to a previous suit that supports the plaintiff's claims.
Reference:
Ext.A10
Document Type:
Certified copy of Plaint
Submitted By:
Plaintiff
Relevance:
Plaint from a related previous case to support the current claims.
Reference:
Ext.A11
Case Classification
Case Type
Civil Suit
Category
Money and Loan Recovery
District
Kottayam
State
Kerala
Court Establishment
Munsiff Court, Kottayam
Common Reasons
Non-payment of rent
Case Code
O.S.
Case Code Year
2023