Case Summary
Mr. Thomas Hyacinth, the plaintiff, claims damages and unpaid rent from Mr. Mahesh T. M, the defendant, for violating the terms of a rent agreement. The plaintiff seeks a total of 5,83,173/- in damages and unpaid rent.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The defendant is directed to pay an amount of 5,83,173/- with interest at the rate of 6% per annum.
Case Type
Civil Suit
Final Judgment
No
The court decreed the suit in favor of the plaintiff, ordering the defendant to pay a total of 5,83,173/- along with interest. The plaintiff was also awarded the costs of the suit.
Why Plaintiff Won:
The plaintiff's evidence remained unchallenged due to the defendant's failure to appear.
The plaintiff's evidence remained unchallenged due to the defendant's failure to appear.
Losing Side's Weaknesses:
The plaintiff's evidence remained unchallenged due to the defendant's failure to appear.
The plaintiff's evidence remained unchallenged due to the defendant's failure to appear.
Supporting Evidence
The evidence tendered by PW1 remains unchallenged. 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 5,83,173/- with interest at the rate of 6% per annum.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Mr. Thomas Hyacinth
- Party Age
- 57
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Mr. Mahesh T. M
- Party Age
- 44
- Relation
- S/o
Plaintiffs Documents
20.07.2019 Rent Agreement, Office copy of Lawyer Notice, Tax Receipt issued by Cheranelloor Village, Property Tax Receipt
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- N.S Mohammed Usman
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- P. Priya Devi
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- Vimal Dev
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff is entitled to recover Rs. 5,83,173 from the defendant.
Evidence:
In the result, the suit is decreed as follows: The defendant is directed to pay to the plaintiff an amount 5,83,173/- with interest at the rate of 6% per annum.
Relief Type:
Costs
Outcome:
Granted
Description:
Plaintiff is entitled to the costs of the suit from the defendant.
Evidence:
The plaintiff is entitled to the costs of the suit from the defendant.
Documents & Evidence
Document Type:
Rent Agreement
Submitted By:
Plaintiff
Relevance:
Establishes the terms of the rental agreement between the plaintiff and defendant.
Reference:
Ext.A1
Document Type:
Office copy of lawyer notice
Submitted By:
Plaintiff
Relevance:
Related to the plaintiff's notice to the defendant regarding violations of the rental agreement.
Reference:
Ext.A2
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
Document evidencing postal communication related to the case.
Reference:
Ext.A3
Document Type:
Postal Acknowledgment Card
Submitted By:
Plaintiff
Relevance:
Document evidencing acknowledgment of postal communication.
Reference:
Ext.A4
Document Type:
Tax Receipt issued by Cheranelloor Village
Submitted By:
Plaintiff
Relevance:
Related to the financial obligations of the property.
Reference:
Ext.A5
Document Type:
Property Tax Receipt
Submitted By:
Plaintiff
Relevance:
Evidences property tax payments relevant to the suit.
Reference:
Ext.A6
Document Type:
Demand and Disconnection Notice
Submitted By:
Plaintiff
Relevance:
Relates to the notice issued for unpaid utility charges.
Reference:
Ext.A8
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Reports on the inspection of the rented premises concerning damages.
Reference:
Ext.C1
Document Type:
Report of inspection and remedial measures of damages in building
Submitted By:
Court
Relevance:
Details the inspection findings related to property damages.
Reference:
Ext.C1(a)
Document Type:
Photographs
Submitted By:
Court
Relevance:
Visual evidence of the condition of the rented property.
Reference:
Ext.C1(b) series
Document Type:
Certified copy of Petition numbered as RCP 167/2020
Submitted By:
Plaintiff
Relevance:
Documents prior eviction proceedings related to the defendant.
Reference:
Ext.A9
Document Type:
Certified copy of I.A No. 3/2022 in RCP 167/2020
Submitted By:
Plaintiff
Relevance:
Relates to the interim application within the eviction proceedings.
Reference:
Ext.A10
Document Type:
Certified copy of Order in RCP 167/2020
Submitted By:
Plaintiff
Relevance:
Final order from the eviction proceedings affecting the case.
Reference:
Ext.A11
Document Type:
Photograph
Submitted By:
Plaintiff
Relevance:
Visual evidence relevant to the damage claims.
Reference:
Ext.A12
Case Classification
Case Type
Civil Suit
Category
Money and Loan Recovery
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Common Reasons
Recovery of money
Case Code
Case between Mr. Thomas Hyacinth vs Mr. Mahesh T. M regarding money
Case Code Year
Case between Mr. Thomas Hyacinth vs Mr. Mahesh T. M regarding money