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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
Case Closed
Tue, 03/05/2024 - 12:00

Judgement document from eCourt website

Judgment Document
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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
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.
Why Plaintiff Won:
Plaintiffs established a case for the realization of the amount due from the defendant.
Losing Side's Weaknesses:
Plaintiffs established a case for the realization of the amount due from the defendant.
Supporting Evidence
On perusal of the plaint, proof affidavit and documents produced, I am of the view that plaintiff has established a case and is entitled to realize an amount of Rs.4,68,641 from 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

Parties

Party Role
Plaintiff
Party Name
C.A. Francis
Party Age
72
Relation
S/o
Party Role
Plaintiff
Party Name
Molly Francis
Party Age
68
Relation
W/o
Party Role
Plaintiff
Party Name
Jewel Francis
Party Age
38
Relation
D/o
Party Role
Defendant
Party Name
Jaimson Daniel
Party Age
46
Relation
S/o
Plaintiffs Documents
Certified copy of the Order in I.A.1/2021 in RCP 156/2021, Certified copy of the Order in I.A.No.4/2022 in RCP 156/2021, Receipt for payment of Rs. 4,256 towards electricity Charges.
Defendants Documents

Advocates

Party Role
Plaintiff
Advocate Name
C.R. Syamkumar
Appearance Type
Main Counsel
Party Role
Plaintiff
Advocate Name
Sooraj.T.Elenjickal
Appearance Type
Assisting Counsel
Party Role
Plaintiff
Advocate Name
Suneethi.S
Appearance Type
Assisting Counsel
Party Role
Defendant
Advocate Name
K. Mohammed Rafeeq
Appearance Type
Main Counsel

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

Case Classification

Case Type
Civil Suit
Category
Other Civil Cases
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Common Reasons
Case Code
Case between C.A. Francis et al vs Jaimson Daniel regarding realization of money
Case Code Year
Case between C.A. Francis et al vs Jaimson Daniel regarding realization of money

Quick Facts

Location
Ernakulam
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Case Filed
Fri, 08/04/2017 - 12:00
Case Closed
Tue, 03/05/2024 - 12:00
From
Fri, 03/01/2024 - 12:00
To
Sun, 03/31/2024 - 12:00
Outcome Confidence
90%

Involved Entities

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