Case Summary
The plaintiff, Jijo John, is seeking to recover unpaid rent and other charges from the defendant, Divya Iyer, for a property that was rented from February 2020 to July 2021. The defendant failed to settle her dues despite a legal notice.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The plaintiff is entitled to realize Rs.28,030 from the defendant and her assets.
Case Type
Civil Suit
Final Judgment
No
The court decreed in favor of the plaintiff, ordering the defendant to pay a total of Rs. 28,030 along with interest and costs.
Why Plaintiff Won:
The unrebutted oral testimonies established the plaintiff's claim as pleaded.
The unrebutted oral testimonies established the plaintiff's claim as pleaded.
Losing Side's Weaknesses:
The unrebutted oral testimonies established the plaintiff's claim as pleaded.
The unrebutted oral testimonies established the plaintiff's claim as pleaded.
Supporting Evidence
The unrebutted oral testimonies of PW1 and Ext. A1 to A4 established his case as pleaded by him.
Judgment Evidence:
In the result, suit is decreed as follows. The plaintiff is entitled to realize Rs.28,030 from the defendant and from her assets.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Jijo John
- Party Age
- 52
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Divya Iyer
Plaintiffs Documents
Statement of account issued by Federal Bank from the joint account of plaintiff, Original electricity bill dated 06.10.2021, Lawyer's notice dated 04.09.2021, Lawyer's notice returned unserved.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Abraham P. George
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Johny Thomas
- Appearance Type
- Assisting Counsel
- Party Role
- Plaintiff
- Advocate Name
- Ratheesh M.B.
- Appearance Type
- Assisting Counsel
- Party Role
- Plaintiff
- Advocate Name
- Anas C.A.
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Recovery of Rs.28,030/- from the defendant.
Evidence:
The plaintiff is entitled to realize Rs.28,030/- (Rupees twenty eight thousand and thirty only) from the defendant and from her assets.
Relief Type:
Damages
Outcome:
Granted
Description:
Interest at the rate of 12% per annum from the date of suit until the date of decree.
Evidence:
The plaintiff is entitled to realize interest @ 12% per annum for Rs.28,030/- (Rupees twenty eight thousand and thirty only) from the date of suit till date of decree from the defendant and from her assets.
Relief Type:
Damages
Outcome:
Granted
Description:
Interest at the rate of 6% per annum from the date of decree until realization.
Evidence:
The plaintiff is entitled to realize interest @ 6% per annum for Rs.28,030/- (Rupees twenty eight thousand and thirty only) from the date of decree till date of realization from the defendant and from her assets.
Relief Type:
Other
Outcome:
Granted
Description:
Reimbursement of costs of the suit from the defendant.
Evidence:
The plaintiff is entitled to realize costs of the suit from defendant and from her assets.
Documents & Evidence
Document Type:
Statement of Account
Submitted By:
Plaintiff
Relevance:
Document showing the financial transactions related to the plaintiff's Joint account.
Reference:
Ext.A1
Document Type:
Electricity Bill
Submitted By:
Plaintiff
Relevance:
Original electricity bill dated 06.10.2021 demonstrating the outstanding charges.
Reference:
Ext.A2
Document Type:
Lawyer's Notice
Submitted By:
Plaintiff
Relevance:
Copy of the lawyer's notice dated 04.09.2021 sent to the defendant.
Reference:
Ext.A3
Document Type:
Lawyer's notice returned unserved
Submitted By:
Plaintiff
Relevance:
Lawyer's notice that was not delivered to the defendant, indicating attempts to notify.
Reference:
Ext.A4
Case Classification
Case Type
Civil Suit
Category
Money and Loan Recovery
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Common Reasons
Non-payment of rent
Case Code
Case between Jijo John vs Divya Iyer regarding realization of money
Case Code Year
Case between Jijo John vs Divya Iyer regarding realization of money