Case Summary
Issac Peter is the plaintiff seeking recovery of arrears of rent from the defendant, Mr. Ayinul Abeed P.A. The case involves issues of non-payment of rent by the defendant from 2018 to 2022.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Defendant directed to pay ₹1,78,350/- with interest.
Case Type
Civil Suit
Final Judgment
No
The court decreed the suit in favor of the plaintiff, ordering the defendant to pay ₹1,78,350/- along with interest at the rate of 6% per annum from the date of institution of the suit until realization.
Why Plaintiff Won:
Plaintiff's case proved by uncontested evidence.
Plaintiff's case proved by uncontested evidence.
Losing Side's Weaknesses:
Plaintiff's case proved by uncontested evidence.
Plaintiff's case proved by uncontested evidence.
Supporting Evidence
I am of the opinion that the case of plaintiff stands proved by the uncontested evidence tendered by PW1. There is nothing on record to overlook the evidence of PW1.
Judgment Evidence:
In the result, the suit is decreed as follows: I. The defendant is directed to pay to the plaintiff a total amount of ₹1,78,350/- with interest at the rate of 6% per annum from the date of institution of the suit, till its realization from the defendant and his assets.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Issac Peter
- Party Age
- 75
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Mr. Ayinul Abeed P.A
- Party Age
- 59
- Relation
- S/o
Plaintiffs Documents
Copy of Lawyer Notice, Postal Acknowledgment Card, Certified copy of the Order in RCP No. 161/2022
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Reynold Fernandez N
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Amal George Mevada
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
The plaintiff is entitled to recover a total amount of ₹1,78,350/- from the defendant with interest.
Evidence:
The defendant is directed to pay to the plaintiff a total amount of 1,78,350/- (Rupees one lakh seventy eight thousand three hundred and fifty only) with interest at the rate of 6% per annum from the date of institution of the suit, till its realisation from the defendant and his assets.
Relief Type:
Other
Outcome:
Granted
Description:
The plaintiff is entitled to the costs of the suit from the defendant.
Evidence:
Considering the nature of the suit and circumstances surrounding the suit, the plaintiff is entitled to the costs of the suit from the defendant.
Documents & Evidence
Document Type:
Lawyer Notice
Submitted By:
Plaintiff
Relevance:
The document is a copy of the lawyer notice issued to the defendant demanding the payment of rent in arrears.
Reference:
Ext.A2
Document Type:
Postal Acknowledgment Card
Submitted By:
Plaintiff
Relevance:
This card evidences the service of the notice to the defendant.
Reference:
Ext.A3
Document Type:
Order of the Rent Controller
Submitted By:
Plaintiff
Relevance:
A certified copy of the order in RCP No. 161/2022 which is relevant to the case.
Reference:
Ext.A4
Case Classification
Case Type
Civil Suit
Category
Eviction and Rent Control
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Common Reasons
Non-payment of rent
Case Code
Case between Issac Peter vs Mr. Ayinul Abeed P.A regarding recovery of arrears of rent.
Case Code Year
Case between Issac Peter vs Mr. Ayinul Abeed P.A regarding recovery of arrears of rent.
Case Flags
Cheque-Related Case
Nature of Cheque Case
Financial liability - dishonoured cheque