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ORIGINAL SUIT No. 186 OF 2017

Case between Moideenkutty et al vs Alshahidul Ajmeeri Moidudheen Jisthi et al regarding unpaid rent

Court
Court of the Munsiff of Tirur
Judge
Smt. Nimmi.K.K., B.Sc., LL.B.
Order Date
2018-10-27
Duration
1 year
Case Closed
Sat, 10/27/2018 - 12:00

Judgement document from eCourt website

Judgment Document
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Case Summary

Plaintiffs, children of Pottammal Vakayil Mammali Haji, filed a suit against the defendant, the Charitable Trust, seeking recovery of unpaid rent and possession of the leased property.

Judgment Outcome

Plaintiff Won
Interim Order
The court decreed in favor of the plaintiffs, ordering the defendant to vacate the leased property and pay arrears of rent along with the costs of the legal proceedings.
Judgment Favored
Plaintiff
Relief Granted
Vacant possession of the leased properties, payment of arrears of rent, and costs of the legal proceedings
Case Type
Civil Suit - Recovery of Money
Final Judgment
No
The court decreed in favor of the plaintiffs, ordering the defendant to vacate the leased property and pay arrears of rent along with the costs of the legal proceedings.
Why Plaintiff Won:
The defendant failed to pay the rent as per the lease agreement, despite demands and legal notices, establishing the plaintiff's entitlement to the relief sought.
Losing Side's Weaknesses:
The defendant failed to pay the rent as per the lease agreement, despite demands and legal notices, establishing the plaintiff's entitlement to the relief sought.
Supporting Evidence
The defendant trust failed to pay rent as per the lease agreement, leading to the court's decision in favor of the plaintiff.

Judgment Evidence:

The court found that the plaintiff's case was proved.

Parties Involved

Parties

Party Role
Plaintiff
Party Name
Moideenkutty
Party Age
49
Relation
Child of Pottammal Vakayil Mammali Haji
Party Role
Plaintiff
Party Name
Hussain
Party Age
47
Relation
Child of Pottammal Vakayil Mammali Haji
Party Role
Defendant
Party Name
Alshahidul Ajmeeri Moidudheen Jisthi & Charitable Trust
Relation
Chairman
Party Role
Defendant
Party Name
Hassankoya Jifeeri Thangal
Party Age
46
Plaintiffs Documents
Copy of Lease Deed dated 31-10-2014, Undelivered cover, Acknowledgement Card
Defendants Documents
Not available

Advocates

Party Role
Plaintiff
Advocate Name
Sri. C.Nandakumar
Appearance Type
Main Counsel
Party Role
Plaintiff
Advocate Name
Smt. Soumya Kooliparambil
Appearance Type
Assisting Counsel

Reliefs

Relief Type: Recovery of Money
Outcome: Not Decided
Description:
Plaintiff filed suit for recovery of unpaid rent
Evidence:
Not available
Relief Type: Vacant Possession
Outcome: Granted
Description:
Defendant to give vacant possession of leased properties with arrears of rent
Evidence:
The suit is decreed in favor of the plaintiffs.
Relief Type: Costs of Legal Proceedings
Outcome: Not Decided
Description:
Plaintiff to recover the costs of legal proceedings
Evidence:
Not available

Documents & Evidence

Document Type: Copy of Lease Deed
Submitted By: Plaintiff
Relevance:
Established the terms of the lease agreement
Reference:
A1
Document Type: Undelivered cover
Submitted By: Plaintiff
Relevance:
Documented the unsuccessful attempt to deliver a notice
Reference:
A2(a)
Document Type: Acknowledgement Card
Submitted By: Plaintiff
Relevance:
Related to the communication attempts with the defendant
Reference:
A2(b)

Case Classification

Case Type
Civil Suit - Recovery of Money
Category
Money and Loan Recovery
District
Malappuram
State
Kerala
Court Establishment
Munsiff Court, Tirur / Rent Control Court
Common Reasons
Non-payment of rent
Case Code
Case between Moideenkutty et al vs Alshahidul Ajmeeri Moidudheen Jisthi et al regarding unpaid rent
Case Code Year
Case between Moideenkutty et al vs Alshahidul Ajmeeri Moidudheen Jisthi et al regarding unpaid rent

Quick Facts

Location
Tirur
District
Malappuram
State
Kerala
Court Establishment
Munsiff Court, Tirur / Rent Control Court
Case Filed
Fri, 10/27/2017 - 12:00
Case Closed
Sat, 10/27/2018 - 12:00
From
Mon, 10/01/2018 - 12:00
To
Wed, 10/31/2018 - 12:00
Outcome Confidence
100%

Involved Entities

Charitable Trust

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