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O.S. No. 909 of 2021

Case between Emmanuel Andrews Joy et al vs Roy John Williams regarding realisation of money

Court
IN THE COURT OF THE PRINCIPAL MUNSIFF, ERNAKULAM
Judge
Smt. Rejani Thankappan
Order Date
2024-03-30
Duration
approximately-3 years 5 months

Judgement document from eCourt website

Open judgment PDF (eCourt)
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Case Summary

The plaintiffs claim that they are the absolute owners of a building and that the defendant failed to pay rent due since October 2017, leading to significant arrears. They seek to recover the overdue rent and associated interest.

Judgment Outcome

Plaintiff Won
Interim Order
The court decreed in favor of the plaintiffs, allowing them to recover the claimed sum along with interest. The defendant was found liable for the dues due to non-payment of rent.
Judgment Favored
Plaintiff
Relief Granted
The plaintiffs are allowed to recover Rs.9,43,920 together with interest at the rate of 9% per annum from the date of suit till the date of decree.
Case Type
Civil Suit
Final Judgment
No
Why Plaintiff Won:
The plaintiffs provided unrebutted evidence in support of their claim.

Judgment Evidence:

In the result, suit is decreed as follows: A) The plaintiffs are allowed to recover Rs.9,43,920 together with interest at the rate of 9% per annum from the date of suit till the date of decree, and thereafter @ 6% per annum from the date of decree till entire realization in full from the defendant and his assets.

Parties Involved

Plaintiffs

Emmanuel Andrews Joy (53 years) Elanjickal House, Plot No. 1630, Block No. 13th Main road, Anna Nagar, Chennai-40 Shijomol (45 years) Chaluvelil House, 8/712, Eravuchira P.O, Thottackad, Kottayam

Defendants

Roy John Williams (55 years) Ooramvilakam House, House No. 14/1157-B, St. Josephs’s Convent Road, Chullickal, Nasrath, Kochi 682002, Now residing at C.C 44/3478, (New No. 70/2889-A), Deshabhimani Road, Kaloor P.O, Kochi 682017

Reliefs

Relief Type: Recovery
Outcome: Granted
Description:
The plaintiffs are allowed to recover Rs.9,43,920 together with interest.
Evidence:
The plaintiffs are allowed to recover Rs.9,43,920 (Rupees Nine lakh Forty Three thousand Nine hundred and Twenty only) together with interest at the rate of 9% per annum from the date of suit till the date of decree, and thereafter @ 6% per annum from the date of decree till entire realization in full from the defendant and his assets.
Relief Type: Costs
Outcome: Granted
Description:
The plaintiffs are entitled to get the costs of the suit from the defendant.
Evidence:
The plaintiffs are also entitled to get the costs of the suit from the defendant.

Documents & Evidence

Document Type: Lease Agreement
Submitted By: Plaintiff
Relevance:
Certified copy of the Lease agreement establishes the rental terms between the plaintiffs and the defendant.
Reference:
Ext.A1
Document Type: Order
Submitted By: Plaintiff
Relevance:
Certified copy of the Order in I.A No. 1/2021 in RCP No. 115/2019 relevant to the case.
Reference:
Ext.A2
Document Type: Order
Submitted By: Plaintiff
Relevance:
Certified copy of the Order in Rent Control Appeal No. 14/2023.
Reference:
Ext.A3
Document Type: Order
Submitted By: Plaintiff
Relevance:
Certified copy of the Order in RCP No. 115/2019 pertinent to the plaintiffs' claims.
Reference:
Ext.A4
Document Type: Lawyer Notice
Submitted By: Plaintiff
Relevance:
True copy of the lawyer notice demanding the arrears of rent.
Reference:
Ext.A5

Quick Facts

Location
Ernakulam
Case Filed
Sat, 05/01/2021 - 12:00
Outcome Confidence
95%

Involved Entities

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