Case Summary
Kakkuzhiyil Basheer filed a suit against Moideenkutty for arrears of rent. The defendant did not appear in court and the plaintiff's evidence went unchallenged.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The plaintiff is allowed to realise Rs.83,930/- with interest @ 6% per annum.
Case Type
Civil Suit
Final Judgment
No
The court decreed in favor of the plaintiff for the amount owed in rent along with interest. The plaintiff is entitled to recover costs from the defendant as well.
Why Plaintiff Won:
The plaintiff proved his case by adduced cogent and reliable evidence.
The plaintiff proved his case by adduced cogent and reliable evidence.
Losing Side's Weaknesses:
The plaintiff proved his case by adduced cogent and reliable evidence.
The plaintiff proved his case by adduced cogent and reliable evidence.
Supporting Evidence
Since the defendant remained ex parte, 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 realise Rs.83,930/- (Rupees Eighty Three Thousand Nine Hundred and Thirty only) with interest @ 6% per annum thereon from the date of decree till realization, from the 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
- Moideenkutty
- Party Age
- 50
- Relation
- S/o
Plaintiffs Documents
Lawyer notice dated 4-10-2017, Postal Receipt, Rent Agreement dated 20-1-2014
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. K.P.Khaleel Ibrahim
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Sri.E.P.Rafeeque
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Realisation of rent in arrears from the defendant.
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:
Recovery
Outcome:
Granted
Description:
Entitlement to recover costs of the suit from the defendant.
Evidence:
The plaintiff is entitled to realise the costs of the suit from the defendant.
Documents & Evidence
Document Type:
Lawyer Notice
Submitted By:
Plaintiff
Relevance:
Demanding the payment of arrears of rent.
Reference:
Ext.A1
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
Serves as evidence of notice sent to the defendant.
Reference:
Ext.A1(a)
Document Type:
Rent Agreement
Submitted By:
Plaintiff
Relevance:
Agreement outlining the tenancy terms including rent amount.
Reference:
Ext.A2
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 Moideenkutty regarding arrears of rent
Case Code Year
Case between Kakkuzhiyil Basheer vs Moideenkutty regarding arrears of rent