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
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.
Judgment Evidence:
In the result, the suit is dismissed with costs.
Parties Involved
Plaintiffs
Joy Scaria (58 years years)
Pulikunnel House, Poovathodu P.O, Poovathaodu village, Meenachil Taluk
Defendants
Mr. Raju Abraham (61 years years)
Karimkuttickal House, Pampakkuda P.O, Memmury village, Ernakulam District
Managing Director, Abad Builders Pvt Ltd (Age not specified years)
8th Floor, Abad Nucleus Mall, NH 49, Maradu P.O, Kochi – 682 304
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