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O.S. No.812/2023

Case between C.A. Francis et al vs Jaimson Daniel regarding realization of money

Court
II Additional Munsiff Court, Ernakulam
Judge
Smt. Maneesha K Bhadran
Order Date
2024-03-05
Duration
approximately-6 years 7 months

Judgement document from eCourt website

Open judgment PDF (eCourt)
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Case Summary

The plaintiffs, C.A. Francis, Molly Francis, and Jewel Francis, are joint owners of an apartment and have filed a suit against the defendant, Jaimson Daniel, for the realization of rent arrears. The defendant defaulted on rental payments despite multiple agreements and assurances to vacate the premises.

Judgment Outcome

Plaintiff Won
Interim Order
The court ordered the defendant to pay Rs.4,68,641 along with interest to the plaintiffs for unpaid rent. The defendant's assets are liable to satisfy the decree.
Judgment Favored
Plaintiff
Relief Granted
Defendant shall pay Rs.4,68,641 along with interest.
Case Type
Civil Suit
Final Judgment
No
Why Plaintiff Won:
Plaintiffs established a case for the realization of the amount due from the defendant.

Judgment Evidence:

In the result, the suit is decreed as follows: 1) Defendant shall pay Rs.4,68,641 along with interest @12% per annum from 17.08.2023 till the date of decree and @ 6% from the date of decree till payment or realization, as the case may be, to plaintiffs.

Parties Involved

Plaintiffs

C.A. Francis (72 years) House No. 64, Vidhya Nagar, South Kalamassery, Ernakulam, Pin – 682 022 Molly Francis (68 years) House No. 64, Vidhya Nagar, South Kalamassery, Ernakulam, Pin – 682 022 Jewel Francis (38 years) House No. 64, Vidhya Nagar, South Kalamassery, Ernakulam, Pin – 682 022

Defendants

Jaimson Daniel (46 years) Apartment No. 8A, 2943+H5C, Blue Bricks Apartments, Nilampathinjamugal, Kakkanad, Ernakulam, Pin – 682 030

Reliefs

Relief Type: Recovery
Outcome: Granted
Description:
Plaintiffs are entitled to recover Rs.4,68,641 along with interest.
Evidence:
Defendant shall pay Rs.4,68,641 (Rupees Four lakhs sixty eight thousand six hundred and forty one only) along with interest.
Relief Type: Costs
Outcome: Granted
Description:
Plaintiffs are entitled to recover the costs of the suit.
Evidence:
Plaintiffs shall also be entitled to realize the costs of the suit.

Documents & Evidence

Document Type: Certified Copy of the Order
Submitted By: Plaintiff
Relevance:
Establishes the legal background related to the lease and payment issues.
Reference:
Ext.A1
Document Type: Certified Copy of the Order
Submitted By: Plaintiff
Relevance:
Provides additional legal context regarding the defendant's obligations.
Reference:
Ext.A2
Document Type: Receipt for payment
Submitted By: Plaintiff
Relevance:
Demonstrates a payment towards electricity charges, linked to the lease.
Reference:
Ext.A3

Quick Facts

Location
Ernakulam
Case Filed
Fri, 08/04/2017 - 12:00
Outcome Confidence
90%

Involved Entities

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