Case Summary
Krishna Kumar V, the plaintiff, was a tenant of Biju Mathew, the defendant. The case revolves around the demand for the return of a security deposit after the plaintiff vacated the rented premises.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Defendant shall pay Rs.1,90,000/- with interest and costs of the suit.
Case Type
Civil Suit
Final Judgment
No
The court ruled in favor of the plaintiff, ordering the defendant to pay Rs.1,90,000/- with interest. Additionally, the plaintiff is entitled to recover costs of the proceeding.
Why Plaintiff Won:
The plaintiff successfully demonstrated that the defendant owed a security deposit, which the defendant failed to return.
The plaintiff successfully demonstrated that the defendant owed a security deposit, which the defendant failed to return.
Losing Side's Weaknesses:
The plaintiff successfully demonstrated that the defendant owed a security deposit, which the defendant failed to return.
The plaintiff successfully demonstrated that the defendant owed a security deposit, which the defendant failed to return.
Supporting Evidence
The plaintiff has succeeded in establishing the case and is entitled for a decree for realization of Rs.1,90,000/-.
Judgment Evidence:
In the result, the suit is decreed as follows: 1) Defendant shall pay Rs.1,90,000/- (Rupees One lakh ninety thousand only) with interest 12% per annum from the date of suit till the date of decree and 6% from the date of decree till payment or realization, as the case may be, to the plaintiff.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Krishna Kumar V
- Party Age
- 52
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Biju Mathew
- Party Age
- 50
- Relation
- S/o
Plaintiffs Documents
Printout of email sent to the defendant, Office copy of lawyer notice issued to the defendant, Receipts for rent paid.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- S Renjith
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- S. Unnikrishnan
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Manjusha.M.Nair
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- K.S. Sumitha
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Lehna Mohanan
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Claim for recovery of Rs.1,90,000/- from the defendant.
Evidence:
On an overall appreciation of the facts and evidence of the case, this court is satisfied that plaintiff has succeeded in establishing the case and is entitled for a decree for realization of Rs.1,90,000/-.
Relief Type:
Other
Outcome:
Granted
Description:
Claim for costs of the proceedings.
Evidence:
Considering the facts and circumstances of the case as plaintiff is entitled for a decree, he is also entitled for the costs of the proceedings from defendant.
Documents & Evidence
Document Type:
Email
Submitted By:
Plaintiff
Relevance:
Email sent to the defendant regarding tax payment receipt.
Reference:
Ext.A1
Document Type:
Email
Submitted By:
Plaintiff
Relevance:
Email sent to the defendant informing about the need to stop the showroom due to lack of business.
Reference:
Ext.A2
Document Type:
Email
Submitted By:
Plaintiff
Relevance:
Email sent to the defendant informing about vacating the premises.
Reference:
Ext.A3
Document Type:
Certificate
Submitted By:
Plaintiff
Relevance:
Certificate under section 65B of the Evidence Act pertaining to the emails.
Reference:
Ext.A4
Document Type:
Lawyer Notice
Submitted By:
Plaintiff
Relevance:
Lawyer notice issued to the defendant demanding the return of security deposit.
Reference:
Ext.A5
Document Type:
Reply Notice
Submitted By:
Defendant
Relevance:
Reply to the lawyer notice from the defendant.
Reference:
Ext.A6
Document Type:
Receipt
Submitted By:
Plaintiff
Relevance:
Receipt issued by the defendant for receiving Rs.35,000/-.
Reference:
Ext.A7
Document Type:
Receipt
Submitted By:
Plaintiff
Relevance:
Receipt issued by the defendant for receiving Rs.35,000/-.
Reference:
Ext.A8
Document Type:
Receipt
Submitted By:
Plaintiff
Relevance:
Receipt issued by the defendant for receiving Rs.33,500/-.
Reference:
Ext.A9
Document Type:
Receipt
Submitted By:
Plaintiff
Relevance:
Receipt issued by the defendant for receiving Rs.35,000/-.
Reference:
Ext.A10
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 Krishna Kumar V vs Biju Mathew regarding realization of money
Case Code Year
Case between Krishna Kumar V vs Biju Mathew regarding realization of money