O.S No. 893/2020

Case between Laila Haneef vs Anoop C et al regarding recovery of money.

Court

COURT OF THE MUNSIFF, ERNAKULAM

Judge

Sri. Nanda Krishna M.

Order Date

2025-06-09

Duration

approximately-5 years 3 months

Case Closed

Judgement document from eCourt website

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Case Summary

Laila Haneef is the plaintiff seeking to recover arrears of rent from the defendants Anoop C and P.G.Cyril. The court found that the defendants were tenants who had failed to pay rent as agreed, leading to a dispute over the arrears and the claims made by both parties.

Judgment Outcome

Defendant Won

Interim Order

The suit was dismissed due to the plaintiff's failure to prove damages as the claim was barred by law of limitation for a portion of the arrears. The court noted that the defendants had made payments that were acknowledged.

Judgment Favored

Defendant

Relief Granted

Case Type

Civil Suit

Final Judgment

Key Reasoning:
The claim for rent prior to October 2017 was barred by law of limitation, weakening the plaintiff's case.

Why Defendant Won:
The claim for rent prior to October 2017 was barred by law of limitation, weakening the plaintiff's case.

Supporting Evidence

The plaintiff has failed to discharge his burden to prove that any amount is owed towards her from the defendants.

Judgment Evidence:

In the result, the suit is dismissed. Parties shall bear their respective costs.

Parties Involved

Parties

Party Role: Plaintiff
Party Name: Laila Haneef
Party Age: 76
Relation: W/o late T Haneef

Party Role: Defendant
Party Name: Anoop C
Party Age: 40

Party Role: Defendant
Party Name: P.G.Cyril
Party Age: 60

Plaintiffs Documents

Agreement dated 26.02.2014, legal notice issued to the defendants on 27.07.2020, replies to the notice from defendants, bank account statements.

Defendants Documents

Photocopy of the lease agreement executed between the plaintiff and the defendant.

Advocates

Party Role: Plaintiff
Advocate Name: Santhosh Peter Mamalayil
Appearance Type: Main Counsel

Party Role: Plaintiff
Advocate Name: P.N.Anoop
Appearance Type: Main Counsel

Party Role: Defendant
Advocate Name: O.J.Alfred
Appearance Type: Main Counsel

Party Role: Defendant
Advocate Name: K.G.Jithu Jaganath
Appearance Type: Main Counsel

Party Role: Defendant
Advocate Name: K.P.Gopi
Appearance Type: Main Counsel

Reliefs

Relief Type: Recovery

Outcome: Rejected

Description:

The plaintiff sought recovery of arrears of rent.

Evidence:

In the result, the suit is dismissed. Parties shall bear their respective costs.

Documents & Evidence

Document Type: Agreement

Submitted By: Plaintiff

Relevance:

Executed between the plaintiff and defendant regarding the lease for the premises.

Reference:

Ext.A1

Document Type: Legal Notice

Submitted By: Plaintiff

Relevance:

True copy of the legal notice issued to the defendants demanding payment of arrears and eviction.

Reference:

Ext.A2(a)

Document Type: Postal receipt

Submitted By: Plaintiff

Relevance:

Postal receipt of the notice issued to the 2nd defendant.

Reference:

Ext.A2(b)

Document Type: Postal receipt

Submitted By: Plaintiff

Relevance:

Postal receipt of the notice issued to the 1st defendant.

Reference:

Ext.A2(c)

Document Type: Reply Notice

Submitted By: Plaintiff

Relevance:

Reply notice issued to the plaintiff on behalf of the defendants.

Reference:

Ext.A3