Case Summary
The plaintiff, Divya Ann Mathew, is seeking eviction of the defendant, Sobha K N, who has failed to pay the agreed license fee for property. The suit revolves around the unauthorized occupation of the property and payment discrepancies relating to a license agreement.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The defendant is hereby directed to vacate the plaint schedule rooms within a period of three months and to pay arrears and ongoing license fees.
Case Type
Civil Suit
Final Judgment
No
The court decreed the suit in part, directing the defendant to vacate the premises within three months and to pay the plaintiff outstanding license fees.
Why Plaintiff Won:
The plaintiff established her case with sufficient evidence.
The plaintiff established her case with sufficient evidence.
Losing Side's Weaknesses:
Not available
Not available
Supporting Evidence
On a careful analysis of the averments and the evidence on record, it can be held that the plaintiff has established her case with sufficient evidence.
Judgment Evidence:
In the result, Suit is decreed in part as follows: The defendant is hereby directed to vacate the plaint schedule rooms within a period of three months from the date of this judgment.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Divya Ann Mathew
- Party Age
- 34
- Relation
- D/o
- Party Role
- Defendant
- Party Name
- Sobha K N
- Party Age
- 51
- Relation
- W/o
Plaintiffs Documents
License Deed, Settlement Deed, Various Payment Receipts and Notices
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- P G Girija
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Joyce K Mathew
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- P A Rabeez
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Reny Baby
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- Anakha Santhosh
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Eviction
Outcome:
Granted
Description:
The defendant is directed to vacate the plaint schedule rooms.
Evidence:
The defendant is hereby directed to vacate the plaint schedule rooms within a period of three months from the date of this judgment.
Relief Type:
Recovery
Outcome:
Granted
Description:
The defendant is ordered to pay ₹79,800 as arrears of license fee with interest.
Evidence:
It is ordered that the defendant to pay to the plaintiff the sum of ₹79,800 (Rupees seventy nine thousand eight hundred only) as arrears of license fee 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:
Recovery
Outcome:
Granted
Description:
The defendant is instructed to pay ₹7,980 per month as license fee until eviction.
Evidence:
The defendant shall pay an amount of ₹7,980/- (Rupees Seven Thousand Nine Hundred and Eighty only) per month as license fee from the date of suit till the date of eviction to the plaintiff.
Documents & Evidence
Document Type:
License Deed
Submitted By:
Plaintiff
Relevance:
This document establishes the agreement under which the defendant was occupying the property.
Reference:
Ext.A1
Document Type:
Settlement Deed
Submitted By:
Plaintiff
Relevance:
This document is relevant to the plaintiff's claim of ownership of the property.
Reference:
Ext.A2
Document Type:
Payment Receipt
Submitted By:
Plaintiff
Relevance:
This document supports the plaintiff's claim of arrears of license fee.
Reference:
Ext.A3
Document Type:
Payment Receipt
Submitted By:
Plaintiff
Relevance:
This document supports the plaintiff's claim of arrears of license fee.
Reference:
Ext.A3(a)
Document Type:
Tax receipt
Submitted By:
Plaintiff
Relevance:
This document is related to the financial obligations associated with the property.
Reference:
Ext.A4
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
This document pertains to the notice sent to the defendant regarding the arrears.
Reference:
Ext.A5
Document Type:
Copy of notice
Submitted By:
Plaintiff
Relevance:
This document is the notice demanding payment and vacation of the premises.
Reference:
Ext.A5(a)
Document Type:
Account Statement
Submitted By:
Plaintiff
Relevance:
This document shows the payment history and relevant arrears of rent.
Reference:
Ext.A7
Case Classification
Case Type
Civil Suit
Category
Eviction and Rent Control
District
Kottayam
State
Kerala
Court Establishment
Munsiff Court, Kottayam
Common Reasons
Case Code
Case between Divya Ann Mathew vs Sobha K N regarding eviction and realization of arrears of license fee.
Case Code Year
Case between Divya Ann Mathew vs Sobha K N regarding eviction and realization of arrears of license fee.