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O.S No. 164/2022

Case between Annie Martin et al vs Suresh C.V et al regarding damages and arrears of rent

Court
Court of the Munsiff, Ernakulam
Judge
Sri. Nanda Krishna M.
Order Date
2025-04-09
Duration
approximately-4 years 7 months
Case Closed

Judgement document from eCourt website

Judgment Document
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Case Summary

This case involves plaintiffs Annie Martin and Vinu Martin suing defendants Suresh C.V and Suji Sudha K for damages and unpaid rent related to a lease agreement for a godown. The plaintiffs claim the defendants stopped paying rent and caused damage to the property.

Judgment Outcome

Plaintiff Won
Interim Order
The court decreed that the defendants are liable to pay the plaintiffs a total of ₹5,72,473 along with interest of 6% per annum from the date of the suit until realization. The court also awarded costs to the plaintiffs.
Judgment Favored
Plaintiff
Relief Granted
Defendants shall pay ₹5,72,473 to the plaintiffs along with interest
Case Type
Civil Suit
Final Judgment
No
The court decreed that the defendants are liable to pay the plaintiffs a total of ₹5,72,473 along with interest of 6% per annum from the date of the suit until realization. The court also awarded costs to the plaintiffs.
Why Plaintiff Won:
Defendants failed to prove they vacated the premises on the stated date and did not provide sufficient evidence against the plaintiffs' claims.
Losing Side's Weaknesses:
Defendants failed to prove they vacated the premises on the stated date and did not provide sufficient evidence against the plaintiffs' claims.
Supporting Evidence
The defendants have not produced any materials to substantiate their claim in the written statement that the plaint schedule property was handed over after having vacated the same to the plaintiffs on 28.08.2020.

Judgment Evidence:

The suit is decreed as follows: 1. Defendants shall pay 5,72,473/- to the plaintiffs along with interest at the rate of 6% per annum from the date of the suit till realization.

Parties Involved

Parties

Party Role
Plaintiff
Party Name
Annie Martin
Party Age
66
Relation
W/o
Party Role
Plaintiff
Party Name
Vinu Martin
Party Age
48
Relation
S/o
Party Role
Defendant
Party Name
Suresh C.V
Party Age
52
Relation
S/o
Party Role
Defendant
Party Name
Suji Sudha K
Party Age
50
Relation
W/o
Plaintiffs Documents
Original of the Rent agreement executed between the Plaintiff and the defendants, Copy of the lawyer notice issued to the defendants, Acknowledgment cards (2 nos), Postal receipt of the letter issued to the defendants, Photographs (7 nos), Account statement of the 1st plaintiff, Account statement of the 2nd plaintiff
Defendants Documents

Advocates

Party Role
Plaintiff
Advocate Name
M.S.Unnikrishnan
Appearance Type
Main Counsel
Party Role
Plaintiff
Advocate Name
Aleena Maria Jose
Appearance Type
Assisting Counsel
Party Role
Plaintiff
Advocate Name
Ardra Krishnan M
Appearance Type
Assisting Counsel
Party Role
Plaintiff
Advocate Name
Krishnendu D
Appearance Type
Assisting Counsel
Party Role
Defendant
Advocate Name
Peter M Paul
Appearance Type
Main Counsel
Party Role
Defendant
Advocate Name
Ramakrishnan M
Appearance Type
Assisting Counsel

Reliefs

Relief Type: Damages
Outcome: Partly Granted
Description:
Plaintiffs claimed ₹3,60,183/- as rent arrears and ₹3,00,000/- for damages.
Evidence:
The plaintiff has claimed 3,60,183/- by way of rent arrears and 3,00,000/- for damages cost.
Relief Type: Costs
Outcome: Granted
Description:
Plaintiffs are entitled to costs of the suit.
Evidence:
Hence the issue as caused is answered in favour of the plaintiff.

Documents & Evidence

Document Type: Rent Agreement
Submitted By: Plaintiff
Relevance:
This document proves the tenancy agreement between the plaintiffs and the defendants.
Reference:
Ext.A1
Document Type: Lawyer Notice
Submitted By: Plaintiff
Relevance:
This notice was issued to demand payment of rent arrears from the defendants.
Reference:
Ext.A2
Document Type: Acknowledgment Cards
Submitted By: Plaintiff
Relevance:
These cards serve as proof that the defendants received the lawyer's notice.
Reference:
Ext.A3 series
Document Type: Postal receipt
Submitted By: Plaintiff
Relevance:
This document shows the receipt of the letter sent to the defendants for inspection.
Reference:
Ext.A4
Document Type: Photographs
Submitted By: Plaintiff
Relevance:
These photographs depict the state of the godown and damages claimed.
Reference:
Ext.A5
Document Type: Account Statement
Submitted By: Plaintiff
Relevance:
This statement shows the financial transactions of the first plaintiff.
Reference:
Ext.A6
Document Type: Account Statement
Submitted By: Plaintiff
Relevance:
This statement shows the financial transactions of the second plaintiff.
Reference:
Ext.A7
Document Type: Commission Report
Submitted By: Court
Relevance:
This report provides findings from the inspection of the property.
Reference:
Ext.C1
Document Type: Expert Report
Submitted By: Court
Relevance:
This report includes assessments of the damages caused by the defendants.
Reference:
Ext.C1(a)
Document Type: Ground floor plan
Submitted By: Court
Relevance:
This plan illustrates the layout of the plaint schedule property.
Reference:
Ext.C1(b)
Document Type: Photographs
Submitted By: Court
Relevance:
These photographs accompany the commission report.
Reference:
Ext.C1(c) series
Document Type: Oral Evidence
Submitted By: Unknown
Relevance:
Includes testimonies from witnesses PW1 to PW3 and DW1.
Reference:

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 Annie Martin et al vs Suresh C.V et al regarding damages and arrears of rent
Case Code Year
Case between Annie Martin et al vs Suresh C.V et al regarding damages and arrears of rent

Quick Facts

Location
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Case Filed
Case Closed
From
Tue, 04/01/2025 - 12:00
To
Wed, 04/30/2025 - 12:00
Outcome Confidence
85%

Involved Entities

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