Case Summary
Gopalakrisna Pillai, a senior citizen and custodian of a property, filed a suit against Johnson Philip for a mandatory injunction and recovery of rent arrears. The plaintiff claims that the defendant has failed to vacate the premises and pay due rent.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Defendant is directed to vacate the building and pay arrears of rent amounting to Rs. 1,63,400/- with interest.
Case Type
Civil Suit
Final Judgment
No
The suit is decreed in part, directing the defendant to vacate the building and pay the plaintiff arrears of rent with interest.
Why Plaintiff Won:
The plaintiff proved his case with sufficient evidence, and there was no rebuttal from the defendant.
The plaintiff proved his case with sufficient evidence, and there was no rebuttal from the defendant.
Losing Side's Weaknesses:
The plaintiff proved his case with sufficient evidence, and there was no rebuttal from the defendant.
The plaintiff proved his case with sufficient evidence, and there was no rebuttal from the defendant.
Supporting Evidence
By producing Exts. A1 to A5 and by deposing in tune with the plaint averments in the affidavit, the plaintiff has succeeded in proving his case.
Judgment Evidence:
In the result, this suit is decreed in part as follows: (i) The defendant is directed to vacate the building... (ii) The plaintiff is entitled to realise arrears of rent Rs. 1,63,400/- (Rupees One Lakh Sixty Three Thousand and Four Hundred Only)...
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Gopalakrisna Pillai
- Party Age
- 77
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Johnson Philip
- Party Age
- 51
- Relation
- S/o
Plaintiffs Documents
Rent Agreement dated 12.01.2022, Rent Agreement dated 01.03.2019, Copy of Advocate Notice dated 25.10.2024, Postal Receipt dated 26.10.2024.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Rajeev K S
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
The defendant is directed to vacate the building situated in the plaint schedule property to the plaintiff.
Evidence:
The defendant is directed to vacate the building situated in the plaint schedule property to the plaintiff.
Relief Type:
Damages
Outcome:
Granted
Description:
The plaintiff is entitled to realise arrears of rent Rs.1,63,400/- with interest @ 6% per annum from the defendant and his assets.
Evidence:
The plaintiff is entitled to realise arrears of rent Rs.1,63,400/- (Rupees One Lakh Sixty Three Thousand and Four Hundred Only) with interest @ 6% per annum from the defendant and his assets.
Relief Type:
Other
Outcome:
Granted
Description:
The plaintiff is entitled to realise costs of the suit from the defendant.
Evidence:
The plaintiff is entitled to realise costs of the suit from the defendant.
Documents & Evidence
Document Type:
Rent Agreement
Submitted By:
Plaintiff
Relevance:
Copy of rent deed dated 12/01/2022.
Reference:
Ext.A1
Document Type:
Rent Agreement
Submitted By:
Plaintiff
Relevance:
Copy of rent deed dated 01/03/2019.
Reference:
Ext.A2
Document Type:
Advocate Notice
Submitted By:
Plaintiff
Relevance:
Copy of advocate notice dated 25/10/2024.
Reference:
Ext.A3
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
Postal receipt dated 26/10/2024.
Reference:
Ext.A4
Document Type:
Returned Postal Article
Submitted By:
Plaintiff
Relevance:
Returned postal article.
Reference:
Ext.A5
Case Classification
Case Type
Civil Suit
Category
Eviction and Rent Control
District
Kollam
State
Kerala
Court Establishment
Munsiff Court Kollam
Common Reasons
Non-payment of rent
Case Code
Case between Gopalakrisna Pillai vs Johnson Philip regarding mandatory injunction and rent arrears.
Case Code Year
Case between Gopalakrisna Pillai vs Johnson Philip regarding mandatory injunction and rent arrears.