Case Summary
The plaintiff, Francis Salas T.A, a tenant, is seeking to recover ₹1,00,000 from the defendants, who are the landlords, following a rental agreement. The defendants have allegedly defaulted on returning the full security deposit after the plaintiff vacated the premises.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Plaintiff is entitled to recover ₹1,00,000 with interest @8% p.a.
Case Type
Civil Suit
Final Judgment
No
The court ruled in favor of the plaintiff, allowing him to recover ₹1,00,000 from the defendants with interest at 8% per annum. The counterclaim by the defendants for rent arrears was partly granted.
Why Plaintiff Won:
The court found the plaintiff's claim substantiated by evidence, and acknowledged that the defendants admitted owing ₹1,00,000.
The court found the plaintiff's claim substantiated by evidence, and acknowledged that the defendants admitted owing ₹1,00,000.
Losing Side's Weaknesses:
The court found the plaintiff's claim substantiated by evidence, and acknowledged that the defendants admitted owing ₹1,00,000.
The court found the plaintiff's claim substantiated by evidence, and acknowledged that the defendants admitted owing ₹1,00,000.
Supporting Evidence
The court noted that both parties admitted the balance sum of ₹1,00,000 remains due to the plaintiff, and there was no substantial evidence from the defendants to contest the plaintiff's claim.
Judgment Evidence:
In the result, the suit is decreed without costs and the counter claim is also decreed in part without costs. The plaintiff is entitled to recover ₹1 Lakh from the defendants with interest @8% p.a. from the date of 30.9.2018.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Francis Salas T.A
- Party Age
- 41
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Chinnama @ Chinna
- Party Age
- 55
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Shine Varghese
- Party Age
- 59
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Shan Varghese
- Relation
- S/o
Plaintiffs Documents
Office copy of legal notice dated 21.06.2018, Acknowledgement card dated 28.08.2018, Reply notice dated 16.07.2018, Reply notice dated 21.08.2018
Defendants Documents
Reply notice dated 21.08.2018, Reply notice dated 16.07.2018, Copy of lawyer notice dated 01.09.2018, Copy of notice dated 16.07.2018
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Abdul Jaleel
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- N.M.Mohamed Ayub
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Harry Sunil
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
The plaintiff is entitled to recover Rs. 1,00,000 from the defendants.
Evidence:
The plaintiff is entitled to recover Rs.1 Lakh from the defendants with interest @8%p.a. from the date of termination of tenancy till realization of the amount.
Relief Type:
Counter Claim
Outcome:
Partly Granted
Description:
The defendants are entitled to recover monthly rent from the plaintiff.
Evidence:
The counter claim is decreed in part and the defendants are entitled to recover a monthly rent of Rs.15,000/- from 1.4.2018 till 30.9.2018 from the plaintiff and his assets.
Documents & Evidence
Document Type:
Legal Notice
Submitted By:
Plaintiff
Relevance:
This document is a copy of the legal notice issued by the plaintiff demanding the balance security amount of Rs. 1,00,000.
Reference:
Ext.A1
Document Type:
Acknowledgement Card
Submitted By:
Plaintiff
Relevance:
This document serves as evidence of receipt of the legal notice by the defendant.
Reference:
Ext.A2
Document Type:
Reply Notice
Submitted By:
Plaintiff
Relevance:
This document is a reply notice from the defendant admitting that Rs. 1,00,000 is due to the plaintiff.
Reference:
Ext.A3
Document Type:
Reply Notice
Submitted By:
Plaintiff
Relevance:
This document is another reply notice related to the demands for possession of the apartment.
Reference:
Ext.A4
Document Type:
Reply Notice
Submitted By:
Defendant
Relevance:
This document is a reply notice issued by the defendant responding to the plaintiff's claims.
Reference:
Ext.B1
Document Type:
Reply Notice
Submitted By:
Defendant
Relevance:
This document is a reply notice dated 16.07.18 from the defendant.
Reference:
Ext.B2
Document Type:
Lawyer Notice
Submitted By:
Defendant
Relevance:
This document is a copy of the lawyer notice issued concerning the rental agreements.
Reference:
Ext.B3
Document Type:
Notice
Submitted By:
Defendant
Relevance:
This document is another notice issued by the defendant referencing the refuse of possession.
Reference:
Ext.B4
Document Type:
Acknowledgement Card
Submitted By:
Defendant
Relevance:
This document evidences the receipt of Ext.B4 by the plaintiff.
Reference:
Ext.B4(a)
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 Francis Salas T.A vs Chinnama @ Chinna et al regarding realization of money
Case Code Year
Case between Francis Salas T.A vs Chinnama @ Chinna et al regarding realization of money