Case Summary
The plaintiff, Maniamkot Advertising Company, is a registered partnership firm seeking to recover an amount due from the defendant, Abdulla Assees, for unpaid rent on shop rooms. The court found in favor of the plaintiff after the defendant failed to respond appropriately to the suit.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
An amount of 1,79,320/- with interest at the rate of 6% per annum until realization.
Case Type
Civil Suit
Final Judgment
No
The suit is decreed in favor of the plaintiff for the sum due against the defendant. The defendant is ordered to pay the outstanding amount with interest.
Why Plaintiff Won:
The evidence presented by the plaintiff was deemed convincing and uncontested.
The evidence presented by the plaintiff was deemed convincing and uncontested.
Losing Side's Weaknesses:
The evidence presented by the plaintiff was deemed convincing and uncontested.
The evidence presented by the plaintiff was deemed convincing and uncontested.
Supporting Evidence
From the uncontested evidence of the PW1, I am of the opinion that the case of the plaintiff stands proved. There is no reason to disbelieve the evidence tendered by PW1.
Judgment Evidence:
In the result, the suit is decreed as follows: I. The defendant is directed to pay to the plaintiff, an amount of 1,79,320/- with interest at the rate of 6% per annum from the date of institution of the suit, till its realization from the defendant or his assets.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Maniamkot Advertising Company
- Relation
- Represented by
- Party Role
- Defendant
- Party Name
- Abdulla Assees
- Party Age
- 54
- Relation
- S/o
Plaintiffs Documents
Certified copy of the Order in RCP No. 46/2017, True copy of the Order in RCP No. 47/2017, Cheque bearing No. 915958, Cheque return memo
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- K. R Vinod
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- M. S Latha
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Krishna Bindu
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Kurian Maxie
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Devika Prasad
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Aswin Venugopal
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
The defendant is directed to pay the plaintiff an amount of 1,79,320/- along with interest.
Evidence:
The defendant is directed to pay to the plaintiff, an amount of 1,79,320/- (Rupees one lakhs seventy nine thousand three hundred and twenty only) with interest at the rate of 6% per annum (simple interest) from the date of institution of the suit, till its realisation from the defendant or his assets.
Relief Type:
Costs
Outcome:
Granted
Description:
The plaintiff is entitled to the costs of the suit from the defendant.
Evidence:
Considering the nature of the suit and circumstances surrounding the suit, the plaintiff is entitled to the costs of the suit from the defendant.
Documents & Evidence
Document Type:
Certified Copy of the Order
Submitted By:
Plaintiff
Relevance:
The document demonstrates the order in RCP No. 46/2017, relevant to the eviction of the defendant.
Reference:
Ext.A1
Document Type:
True copy of the Order
Submitted By:
Plaintiff
Relevance:
The document is referenced as subject to proof for the order in RCP No. 47/2017, which is essential for the case.
Reference:
Ext.A2
Document Type:
Cheque
Submitted By:
Plaintiff
Relevance:
This cheque was issued by the defendant but was dishonoured, forming a key part of the plaintiff's claim.
Reference:
Ext.A3
Document Type:
Cheque Return Memo
Submitted By:
Plaintiff
Relevance:
This document provides proof of the dishonour of the cheque, supporting the plaintiff's claim for recovery.
Reference:
Ext.A4
Case Classification
Case Type
Civil Suit
Category
Money and Loan Recovery
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Common Reasons
Non-payment of rent
Case Code
Case between Maniamkot Advertising Company vs Abdulla Assees regarding realisation of money
Case Code Year
Case between Maniamkot Advertising Company vs Abdulla Assees regarding realisation of money
Case Flags
Cheque-Related Case
Nature of Cheque Case
Cheque Dishonour