Case Summary
Joy Scaria, the plaintiff, is seeking to recover a security deposit and excess rent from Raju Abraham and Abad Builders Pvt Ltd, the defendants, following a leave and license agreement for an apartment. The defendants deny the claims and argue that the suit is barred by limitation and lacks merit.
Judgment Outcome
Judgment Favored
Defendant
Relief Granted
Case Type
Civil Suit
Final Judgment
No
The suit was dismissed by the court, finding no merit in the plaintiff's claims. The court determined that the defendants had valid reasons for withholding part of the security deposit.
Key Reasoning:
The plaintiff could not prove the claims regarding the return of security deposit and excess rent.
The plaintiff could not prove the claims regarding the return of security deposit and excess rent.
Why Defendant Won:
The plaintiff could not prove the claims regarding the return of security deposit and excess rent.
The plaintiff could not prove the claims regarding the return of security deposit and excess rent.
Supporting Evidence
The plaintiff could not prove that he had given any notice to the 1st defendant before he vacated the premises.
Judgment Evidence:
In the result, the suit is dismissed with costs.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Joy Scaria
- Party Age
- 58
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Mr. Raju Abraham
- Party Age
- 61
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Managing Director, Abad Builders Pvt Ltd
Plaintiffs Documents
Leave and License Agreement No. 4920, Copy of lawyer notice, Original KSEB bill, Original maintenance and moving out charges receipt.
Defendants Documents
Original certificate issued by KSEB.
Advocates
- Party Role
- Defendant
- Advocate Name
- Benny Varghese
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Bindu
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Refused
Description:
Plaintiff sought to recover Rs. 16,703/- from the defendants.
Evidence:
Hence, on the consideration of the facts and circumstances, evidence on record and materials before this court it can be safely concluded that ... the suit is dismissed with costs.
Documents & Evidence
Document Type:
Leave and License Agreement
Submitted By:
Plaintiff
Relevance:
The agreement under which the plaintiff occupied the apartment.
Reference:
Ext.A1
Document Type:
Lawyer Notice
Submitted By:
Plaintiff
Relevance:
Notice sent by the plaintiff to the defendants demanding the return of the security deposit.
Reference:
Ext.A2
Document Type:
Original Reply Notice
Submitted By:
Defendant
Relevance:
Response from the first defendant to the plaintiff's notice.
Reference:
Ext.A3
Document Type:
Original Reply Notice
Submitted By:
Defendant
Relevance:
Second defendant's reply to the allegations made by the plaintiff.
Reference:
Ext.A4
Document Type:
KSEB Bill
Submitted By:
Plaintiff
Relevance:
Document showing the electricity bill payment by the plaintiff.
Reference:
Ext.A5
Document Type:
KSEB Bill
Submitted By:
Plaintiff
Relevance:
Document showing another electricity bill payment by the plaintiff.
Reference:
Ext.A6
Document Type:
Payment Receipt
Submitted By:
Plaintiff
Relevance:
Receipt of payment for KSEB bill issued to the plaintiff.
Reference:
Ext.A7
Document Type:
Payment Receipt
Submitted By:
Plaintiff
Relevance:
Another receipt of payment for KSEB bill issued to the plaintiff.
Reference:
Ext.A8
Document Type:
Due Statement
Submitted By:
Plaintiff
Relevance:
Statement showing the dues from Daffodil Gardens for maintenance.
Reference:
Ext.A9
Document Type:
Receipt for Maintenance and Moving Out Charges
Submitted By:
Plaintiff
Relevance:
Document showing charges paid for maintenance and moving out.
Reference:
Ext.A10
Document Type:
Certificate
Submitted By:
Defendant
Relevance:
Certificate from KSEB regarding the electricity payment made by the first defendant.
Reference:
Ext.B1
Case Classification
Case Type
Civil Suit
Category
Money and Loan Recovery
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Common Reasons
Recovery of money
Case Code
Case between Joy Scaria vs Mr. Raju Abraham et al regarding recovery of money
Case Code Year
Case between Joy Scaria vs Mr. Raju Abraham et al regarding recovery of money
Case Flags
Cheque-Related Case
Nature of Cheque Case
Cheque issued towards legally enforceable debt