Case Summary
Kakkuzhiyil Basheer is the plaintiff who has filed a suit against Cherookkara Musthafa for non-payment of rent. The defendant has not paid rent since June 2015 despite repeated demands.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Rs.74,727/- with interest @ 6% per annum and costs of the suit
Case Type
Civil Suit
Final Judgment
No
The court decreed the suit in favor of the plaintiff, allowing him to recover the arrears of rent along with interest. The defendant, having remained exparte, did not challenge the evidence presented by the plaintiff.
Why Plaintiff Won:
The plaintiff proved his case by presenting cogent and reliable evidence, which remained unchallenged due to the defendant's absence.
The plaintiff proved his case by presenting cogent and reliable evidence, which remained unchallenged due to the defendant's absence.
Losing Side's Weaknesses:
The plaintiff proved his case by presenting cogent and reliable evidence, which remained unchallenged due to the defendant's absence.
The plaintiff proved his case by presenting cogent and reliable evidence, which remained unchallenged due to the defendant's absence.
Supporting Evidence
The evidence adduced by the plaintiff remained unchallenged. I find no reason to disbelieve PW1. Therefore, I am satisfied that the plaintiff has proved his case by adducing cogent and reliable evidence.
Judgment Evidence:
In the result, the suit is decreed as follows. I. The plaintiff is allowed to realize Rs.74,727/- (Rupees Seventy Four Thousand Seven Hundred and Twenty Seven only) with interest @ 6% per annum from the date of decree till realization from defendant and his assets towards the arrears of rent.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Kakkuzhiyil Basheer
- Party Age
- 52
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Cherookkara Musthafa
- Party Age
- 50
- Relation
- S/o
Plaintiffs Documents
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. K.P.Khaleel Ibrahim
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sri.E.P.Rafeeque
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff is allowed to realize Rs.74,727/- with interest.
Evidence:
Therefore, I am satisfied that the plaintiff has proved his case by adducing cogent and reliable evidence. Hence the plaintiff is entitled to a decree as prayed for.
Relief Type:
Cost
Outcome:
Granted
Description:
Plaintiff is entitled to realize the costs of the suit from the defendant.
Evidence:
The plaintiff is entitled to realize the costs of the suit from the defendant.
Documents & Evidence
Document Type:
Proof affidavit
Submitted By:
Plaintiff
Relevance:
Filed as evidence in lieu of examination in chief.
Reference:
Case Classification
Case Type
Civil Suit
Category
Money and Loan Recovery
District
Malappuram
State
Kerala
Court Establishment
Munsiff Court, Tirur / Rent Control Court
Common Reasons
Non-payment of rent
Case Code
Case between Kakkuzhiyil Basheer vs Cherookkara Musthafa regarding arrear of rent
Case Code Year
Case between Kakkuzhiyil Basheer vs Cherookkara Musthafa regarding arrear of rent