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O.S. No.1051/2020

Case between Mariyam Beevi vs Vino Bastin regarding realization of money

Court
II Additional Munsiff Court
Judge
Smt. Maneesha K Bhadran
Order Date
2024-04-03
Duration
approximately-4 years

Judgement document from eCourt website

Open judgment PDF (eCourt)
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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

Plaintiff Won
Interim Order
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.
Judgment Favored
Plaintiff
Relief Granted
Defendant shall pay Rs.2,39,354 with interest as specified.
Case Type
Civil Suit
Final Judgment
No
Why Plaintiff Won:
The plaintiff established a clear case of non-payment of rents due under the lease agreement.

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

Plaintiffs

Mariyam Beevi (59 years) Kilipparambil House, Nettoor.P.O., Kochi 682 040

Defendants

Vino Bastin (41 years) Cheruvathoor House, Muthukad.P.O., Peruvannamuzhy, Kozhikode, Pin – 673 528

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

Quick Facts

Location
Ernakulam
Case Filed
Wed, 01/01/2020 - 12:00
Outcome Confidence
90%

Involved Entities

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