Case Summary
K.V. Aboofaisal is the plaintiff seeking to recover arrears of rent and amenities charges from the defendant, Muhammed Yakoob, related to a leased shop room. The case involves claims of unpaid rental dues and accrued interest.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Defendant is directed to pay Rs.61,093/- to the plaintiff with interest and costs.
Case Type
Civil Suit
Final Judgment
No
The court decreed the suit in favor of the plaintiff, ordering the defendant to pay the claimed amount with interest and costs.
Why Plaintiff Won:
The plaintiff's claim of arrears of rent and amenities charges was proven and unchallenged.
The plaintiff's claim of arrears of rent and amenities charges was proven and unchallenged.
Losing Side's Weaknesses:
The plaintiff's claim of arrears of rent and amenities charges was proven and unchallenged.
The plaintiff's claim of arrears of rent and amenities charges was proven and unchallenged.
Supporting Evidence
The plaintiffs claim of the arrears of rent and amenities charges and default of payment stands proved by the affidavit of PW1 and Exhibits A1 to A4 series documents which remains unchallenged.
Judgment Evidence:
In the result, suit is decreed as follows: a) The defendant is directed to pay Rs.61,093/- (Rupees Sixty One Thousand And Ninety Three Only) to the plaintiff with interest at the rate of 7% per annum from the date of the suit till the date of decree and thereafter with interest at the rate of 6% per annum till realization. b) The defendant is also directed to pay costs of the suit to the plaintiff.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- K.V. Aboofaisal
- Party Age
- 37
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Muhammed Yakoob
- Party Age
- 57
- Relation
- S/o
Plaintiffs Documents
Certified copy of Lease Agreement, Certified copy of agreement of amenities, Certified copy of common order in RCP. 9/2017 and RCP. 10/2019, Certified copy of amin report in EP. 118/2021 in RCP.9/2017, Certified copy of delivery account in EP. 118/2021.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. P. Krishnakumar
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- T.V. Ashraf
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
The defendant is directed to pay Rs.61,093/- to the plaintiff with interest.
Evidence:
The defendant is directed to pay Rs.61,093/- (Rupees Sixty One Thousand And Ninety Three Only) to the plaintiff with interest at the rate of 7% per annum from the date of the suit till the date of decree and there after with interest at the rate of 6% per annum till realization.
Relief Type:
Costs
Outcome:
Granted
Description:
The defendant is also directed to pay costs of the suit to the plaintiff.
Evidence:
The plaintiff is entitled to get the costs of the suit.
Documents & Evidence
Document Type:
Lease Agreement
Submitted By:
Plaintiff
Relevance:
Certified copy of Lease Agreement executed between plaintiff and defendant.
Reference:
Ext.A1
Document Type:
Amenities agreement
Submitted By:
Plaintiff
Relevance:
Certified copy of agreement of amenities executed between plaintiff and defendant.
Reference:
Ext.A2
Document Type:
Court Order
Submitted By:
Plaintiff
Relevance:
Certified copy of common order in RCP. 9/2017 and RCP. 10/2019 of Principal Munsiff- II, Kozhikode.
Reference:
Ext.A3
Document Type:
Amin Report
Submitted By:
Plaintiff
Relevance:
Certified copy of amin report in EP. 118/2021 in RCP.9/2017 of Principal Munsiff court II, Kozhikode.
Reference:
Ext.A4
Document Type:
Delivery Account
Submitted By:
Plaintiff
Relevance:
Certified copy of delivery account in EP. 118/2021 in RCP. 9/2017 of Principal Munsiff Court- II, Kozhikode.
Reference:
Ext.A4(a)
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Kozhikode
State
Kerala
Court Establishment
Munsiff Court 2 Kozhikode
Common Reasons
Case Code
Case between K.V. Aboofaisal vs Muhammed Yakoob regarding realization of money.
Case Code Year
Case between K.V. Aboofaisal vs Muhammed Yakoob regarding realization of money.