Case Summary
The plaintiff, Mariyam Beevi, is seeking to recover unpaid rent from the defendant, Vino Bastin. The defendant has not occupied the rented premises since March 2019 and has defaulted in rental payments, leading to this suit.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Defendant shall pay Rs.2,39,354 with interest as specified.
Case Type
Civil Suit
Final Judgment
No
The court ruled in favor of the plaintiff, ordering the defendant to pay a total of Rs.2,39,354 along with applicable interest for the overdue rent. Additionally, the plaintiff is entitled to recover the costs of the suit.
Why Plaintiff Won:
The plaintiff established a clear case of non-payment of rents due under the lease agreement.
The plaintiff established a clear case of non-payment of rents due under the lease agreement.
Losing Side's Weaknesses:
The plaintiff established a clear case of non-payment of rents due under the lease agreement.
The plaintiff established a clear case of non-payment of rents due under the lease agreement.
Supporting Evidence
On perusal of the plaint, proof affidavit and documents produced, I am of the view that plaintiff has established a case and plaintiff is entitled to realize an amount of Rs.2,39,354 with interest at the rate of 12% per annum.
Judgment Evidence:
In the result, suit is decreed as follows: 1) Defendant shall pay Rs.2,39,354 (Rupees Two lakhs thirty nine thousand three hundred and fifty four only) with interest @ 12% per annum on the principal amount of Rs.1,93,512 (Rupees One lakh ninety three thousand five hundred and twelve only) 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
- Mariyam Beevi
- Party Age
- 59
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Vino Bastin
- Party Age
- 41
- Relation
- S/o
Plaintiffs Documents
Certified copy of the order passed in RCP No. 175 of 2019, Certified copy of the order passed in RCP No. 176 of 2019, Statement of rental arrears due to the plaintiff from March 2019 to October 2020.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- A. Balagopalan
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Rajagopalan.A.
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Sandhya.C
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Nair
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Ralitzine Mendez
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sibi Karun
- Appearance Type
- Exparte
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff is entitled to realize Rs.2,39,354/- with interest.
Evidence:
Plaintiff has established a case and plaintiff is entitled to realize an amount of Rs.2,39,354/- with interest at the rate of 12% per annum.
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff is entitled to realize the costs of the suit.
Evidence:
Plaintiff is also entitled to realize the costs of the suit.
Documents & Evidence
Document Type:
Certified Copy of the Order
Submitted By:
Plaintiff
Relevance:
Shows that defendant is evicted from the plaint schedule rooms.
Reference:
Ext.A1
Document Type:
Certified Copy of the Order
Submitted By:
Plaintiff
Relevance:
Shows that defendant is evicted from the plaint schedule rooms.
Reference:
Ext.A2
Document Type:
Statement of rental arrears
Submitted By:
Plaintiff
Relevance:
Details the amount of rent arrears due to the plaintiff from the defendant.
Reference:
Ext.A3
Document Type:
True copy of RCP
Submitted By:
Plaintiff
Relevance:
Filed by the plaintiff before the Rent Control Court, Ernakulam.
Reference:
Ext.A4
Document Type:
True copy of RCP
Submitted By:
Plaintiff
Relevance:
Filed by the plaintiff before the Rent Control Court, Ernakulam.
Reference:
Ext.A5
Document Type:
Certified copy of Order
Submitted By:
Plaintiff
Relevance:
Shows that delivery of property is effected.
Reference:
Ext.A6
Document Type:
Certified copy of Order
Submitted By:
Plaintiff
Relevance:
Shows that delivery of property is effected.
Reference:
Ext.A7
Case Classification
Case Type
Civil Suit
Category
Property and Possession Disputes
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Common Reasons
Non-payment of rent
Case Code
Case between Mariyam Beevi vs Vino Bastin regarding realization of money
Case Code Year
Case between Mariyam Beevi vs Vino Bastin regarding realization of money