Case Summary
Fousiya is the plaintiff seeking to recover arrears of rent from the defendants, Raramkandath Usmankoya and Raramkandath Jouharali. The court found that the defendants had failed to pay rent for a significant period.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Defendants are directed to pay Rs. 3,77,019/- with interest @ 6% per annum.
Case Type
Civil Suit
Final Judgment
No
The suit is decreed in favor of the plaintiff, ordering the defendants to pay the outstanding rent with interest. The court accepted the evidence presented by the plaintiff.
Why Plaintiff Won:
Plaintiff proved the case with reliable evidence, and the defendants did not challenge the claims.
Plaintiff proved the case with reliable evidence, and the defendants did not challenge the claims.
Losing Side's Weaknesses:
Plaintiff proved the case with reliable evidence, and the defendants did not challenge the claims.
Plaintiff proved the case with reliable evidence, and the defendants did not challenge the claims.
Supporting Evidence
Since the defendants remained ex parte, the evidence adduced by the plaintiff remained unchallenged. I find no reason to disbelieve PW1. Therefore, I am satisfied that the plaintiff has proved his case by adducing cogent and reliable evidence.
Judgment Evidence:
In the result, the suit is decreed as follows. I. The defendants are directed to pay Rs. 3,77,019/- ( Rupees Three Lakh Seventy Seven Thousand and Nineteen only) with interest @ 6% per annum from the date of decree till realization, to the plaintiff towards the arrears of rent.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Fousiya
- Party Age
- 54
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Raramkandath Usmankoya
- Party Age
- 55
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Raramkandath Jouharali
- Party Age
- 53
- Relation
- S/o
Plaintiffs Documents
Exbt. A1 to A3 are marked on the side of the plaintiff.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. P.Viswanathan
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sri.Vipin.K.
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
The defendants are directed to pay arrears of rent.
Evidence:
The defendants are directed to pay Rs. 3,77,019/- ( Rupees Three Lakh Seventy Seven Thousand and Nineteen only) with interest @ 6% per annum from the date of decree till realization, to the plaintiff towards the arrears of rent.
Relief Type:
Other
Outcome:
Granted
Description:
The plaintiff is entitled to realize the costs of the suit from the defendant.
Evidence:
The plaintiff is entitled to realize the costs of the suit from the defendant.
Documents & Evidence
Document Type:
Certified Copy of Jenm Assignment deed
Submitted By:
Plaintiff
Relevance:
This document supports the plaintiff's claim of ownership of the plaint schedule property.
Reference:
Ext.A1
Document Type:
Certified Copy of the Order
Submitted By:
Plaintiff
Relevance:
This document contains the order related to the enhancement of rent.
Reference:
Ext.A2
Document Type:
Commission Report
Submitted By:
Court
Relevance:
This document supports the court's findings related to the property.
Reference:
C1
Document Type:
Commission Plan
Submitted By:
Court
Relevance:
This document is related to the commission report and aids in understanding the property involved.
Reference:
C2
Case Classification
Case Type
Civil Suit
Category
Eviction and Rent Control
District
Malappuram
State
Kerala
Court Establishment
Munsiff Court, Tirur / Rent Control Court
Common Reasons
Non-payment of rent
Case Code
Case between Fousiya vs Raramkandath Usmankoya et al regarding realization of arrear of rent.
Case Code Year
Case between Fousiya vs Raramkandath Usmankoya et al regarding realization of arrear of rent.