Case Summary
The plaintiff, Dr.Radha Devi, through her attorney, is seeking the recovery of rent arrears from the defendant, Sunil Kumar C.S. The case involves disputes over unpaid rent for a leased property, alongside allegations of previous defaults and dishonored cheques.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Order to pay Rs.8,49,039/- with interest
Case Type
Civil Suit
Final Judgment
No
The suit is decreed directing the defendant to pay an amount of Rs.8,49,039/- with 9% interest per annum on the principal amount from the date of suit till the date of decree.
Why Plaintiff Won:
The unchallenged proof affidavit and documents satisfactorily proved the plaint claim.
The unchallenged proof affidavit and documents satisfactorily proved the plaint claim.
Losing Side's Weaknesses:
The unchallenged proof affidavit and documents satisfactorily proved the plaint claim.
The unchallenged proof affidavit and documents satisfactorily proved the plaint claim.
Supporting Evidence
The unchallenged proof affidavit and documents would satisfactorily prove the plaint claim.
Judgment Evidence:
In the result, the suit is decreed directing the defendant to pay an amount of Rs.8,49,039/- (Rupees Eight Lakhs Forty Nine Thousand Thirty nine Only) with 9% interest per annum on the principal amount from the date of suit till the date of decree.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Dr.Radha Devi
- Party Age
- 64
- Relation
- W/o
- Party Role
- Plaintiff
- Party Name
- Dr.Vasathy P
- Party Age
- 54
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Sunil Kumar C.S
- Party Age
- 46
- Relation
- S/o
Plaintiffs Documents
Certified copy of power of attorney, Copy of the lawyer notice, Certified copy of the Judgment in OS 547/15, Certified copy of the Judgment in OS 1143/18, Certified copy of the cheque.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- John Numpeli Junior
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- K.A.Rasheed
- Appearance Type
- Exparte
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff sought to recover Rs. 8,49,039/- along with interest and costs.
Evidence:
The suit is decreed directing the defendant to pay an amount of Rs.8,49,039/- (Rupees Eight Lakhs Forty Nine Thousand Thirty nine Only) with 9% interest per annum on the principal amount from the date of suit till the date of decree.
Documents & Evidence
Document Type:
Power of Attorney
Submitted By:
Plaintiff
Relevance:
Certified copy of power of attorney executed by Dr.Radha Devi Vijayakumar in favour of Dr.Vasanthy P.
Reference:
Ext.A1
Document Type:
Lawyer Notice
Submitted By:
Plaintiff
Relevance:
Copy of the lawyer notice issued by the plaintiff to the defendant.
Reference:
Ext.A2
Document Type:
Judgment Copy
Submitted By:
Plaintiff
Relevance:
Certified copy of the Judgment in OS 547/15 of the II nd Additional Munsiff Court, Ernakulam.
Reference:
Ext.A3
Document Type:
Judgment Copy
Submitted By:
Plaintiff
Relevance:
Certified copy of the Judgment in OS 1143/18 of the II nd Additional Munsiff court, Ernakulam.
Reference:
Ext.A4
Document Type:
Cheque
Submitted By:
Plaintiff
Relevance:
Certified copy of the cheque no. 052225 for Rs.50,000/- of the Federal Bank Ltd, Kaloor, Ernakulam.
Reference:
Ext.A5
Document Type:
Cheque Return Memo
Submitted By:
Plaintiff
Relevance:
Cheque return memo issued by SBI, Lissie hospital, Ernakulam Branch.
Reference:
Ext.A6
Document Type:
Court Order
Submitted By:
Plaintiff
Relevance:
Certified copy of the order in RCP 173/18 of the III rd Additional Munsiff and Rent controller, Ernakulam.
Reference:
Ext.A7
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 Dr.Radha Devi vs Sunil Kumar C.S regarding recovery of money
Case Code Year
Case between Dr.Radha Devi vs Sunil Kumar C.S regarding recovery of money
Case Flags
Cheque-Related Case
Nature of Cheque Case
Cheque Dishonour