Case Summary
E.K. Safiya, the plaintiff, is seeking to recover unpaid rent from Jigesh M, the defendant, who has failed to pay rent for a commercial property leased for a bakery since November 2022. The defendant has been set ex-parte due to absence in court.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Defendant is directed to pay an amount of Rs.16,10,000/- to the plaintiff
Case Type
Commercial Suit
Final Judgment
No
The court decreed the suit directing the defendant to pay the outstanding rent of Rs. 16,10,000 to the plaintiff, along with interest and costs.
Why Plaintiff Won:
The defendant failed to repay the outstanding amount despite repeated demands.
The defendant failed to repay the outstanding amount despite repeated demands.
Losing Side's Weaknesses:
The defendant failed to repay the outstanding amount despite repeated demands.
The defendant failed to repay the outstanding amount despite repeated demands.
Supporting Evidence
The unchallenged oral testimony of PW1 coupled with documents Exts. A1 to A3 very well shows that the defendant failed to repay the outstanding amount with interest.
Judgment Evidence:
In the result, the suit is decreed as follows: 1. Defendant is directed to pay an amount of Rs.16,10,000/- (rupees sixteen lakh ten thousand only) to the plaintiff.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- E.K. Safiya
- Party Age
- 76
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Jigesh M
- Party Age
- 55
- Relation
- S/o
Plaintiffs Documents
Lawyer notice issued to the defendant, Order passed by Rent Control Court in RCP 11/2024, Power of Attorney executed by the plaintiff in favour of her husband T.K. Abdul Khader
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. K.B Sivaramakrishnan
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sri. Akshay Kamath
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Defendant is directed to pay an amount of Rs.16,10,000/- to the plaintiff.
Evidence:
Accordingly, the suit is liable to be decreed directing the defendant to pay the outstanding amount.
Relief Type:
Interest
Outcome:
Granted
Description:
The plaintiff will be entitled for interest at the rate of 6% per annum from the date of the suit till realisation of the decree.
Evidence:
The plaintiff will be entitled for interest at the rate of 6% per annum from the date of the suit till realisation of the decree.
Relief Type:
Costs
Outcome:
Granted
Description:
The plaintiff will be entitled for costs of the suit.
Evidence:
The plaintiff will be entitled for costs of the suit.
Documents & Evidence
Document Type:
Lawyer Notice
Submitted By:
Plaintiff
Relevance:
Lawyer notice issued to the defendant regarding the arrears of rent.
Reference:
Ext.A1
Document Type:
Order
Submitted By:
Court
Relevance:
Order passed by Hon’ble Rent Control Court in RCP 11/2024.
Reference:
Ext.A2
Document Type:
Power of Attorney
Submitted By:
Plaintiff
Relevance:
Power of Attorney executed by the plaintiff in favour of her husband.
Reference:
Ext.A3
Case Classification
Case Type
Commercial Suit
Category
Eviction and Rent Control
District
Kozhikode
State
Kerala
Court Establishment
Commercial Court Kozhikode
Common Reasons
Non-payment of rent
Case Code
Case between E.K. Safiya vs Jigesh M regarding recovery of rent arrears
Case Code Year
Case between E.K. Safiya vs Jigesh M regarding recovery of rent arrears
Case Flags
Cheque-Related Case
Nature of Cheque Case
Cheque Dishonour under Section 138 N.I. Act