Skip to main content
Niyamam AI Niyamam AI

Main navigation

  • Home
  • Lawyer Login
  • Lawyer Registration
  • About us
  • Contact
O.S No. 198/2021

Case between Mrs. Bindhu Anil vs Mr. K.V James regarding arrears of rent.

Court
COURT OF THE PRINCIPAL MUNSIFF, ERNAKULAM
Judge
Sri. Rohit Nandakumar
Order Date
2024-10-03
Duration
approximately-3 years 11 months
Case Closed
Thu, 10/03/2024 - 12:00

Judgement document from eCourt website

Judgment Document
Save Case Find Similar Cases

Case Summary

The plaintiff, Mrs. Bindhu Anil, is seeking recovery of rent arrears from the defendant, Mr. K.V James, for the apartment leased to him. The defendant has defaulted on rent payments, leading to this legal action.

Judgment Outcome

Plaintiff Won
Interim Order
The court has decreed in favor of the plaintiff, ordering the defendant to pay 44,000/- with interest as arrears of rent. The plaintiff is also entitled to the costs of the suit.
Judgment Favored
Plaintiff
Relief Granted
The defendant is directed to pay to the plaintiff, an amount of 44,000/- with interest at the rate of 6% per annum from the date of institution of the suit.
Case Type
Civil Suit
Final Judgment
No
The court has decreed in favor of the plaintiff, ordering the defendant to pay 44,000/- with interest as arrears of rent. The plaintiff is also entitled to the costs of the suit.
Why Plaintiff Won:
The plaintiff provided sufficient evidence of the rent arrears, whereas the defendant failed to substantiate his defenses.
Losing Side's Weaknesses:
The plaintiff provided sufficient evidence of the rent arrears, whereas the defendant failed to substantiate his defenses.
Supporting Evidence
The plaintiff has categorically deposed before the court that the defendant had correctly paid rent during the covid pandemic. The case advanced by the plaintiff is that the eight months rent from May 2020 to December 2020 is due from the defendant...

Judgment Evidence:

In the result, the suit is decreed as follows- I. The defendant is directed to pay to the plaintiff, an amount of 44,000/- (Rupees forty four thousand only) with interest at the rate of 6% per annum from the date of institution of the suit...

Parties Involved

Parties

Party Role
Plaintiff
Party Name
Mrs. Bindhu Anil
Party Age
52
Relation
W/o
Party Role
Defendant
Party Name
Mr. K.V James
Party Age
37
Relation
S/o
Plaintiffs Documents
Copy of Lawyer Notice, Copy of Postal Receipt, Copy of Returned Postal Cover
Defendants Documents
Payment Receipt issued by Chandra Towers Apartment Owners Association, Payment Receipt issued by Chandra Towers Apartment Owners Association, Payment of Receipt issued by Chandra Towers Apartment Owners Association

Advocates

Party Role
Plaintiff
Advocate Name
K.J Kuriachan
Appearance Type
Main Counsel
Party Role
Plaintiff
Advocate Name
Sunil Jacob
Appearance Type
Assisting Counsel
Party Role
Plaintiff
Advocate Name
Animisha Sathyan
Appearance Type
Assisting Counsel
Party Role
Defendant
Advocate Name
P. V Anilkumar
Appearance Type
Main Counsel

Reliefs

Relief Type: Recovery
Outcome: Granted
Description:
Plaintiff entitled to recover ₹44,000/- from the defendant.
Evidence:
In the result, the suit is decreed as follows- I. The defendant is directed to pay to the plaintiff, an amount of 44,000/- with interest at the rate of 6% per annum from the date of institution of the suit, till its realisation from the defendant or his assets.
Relief Type: Costs
Outcome: Granted
Description:
Plaintiff 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: Copy of Lawyer Notice
Submitted By: Plaintiff
Relevance:
The lawyer notice issued by the plaintiff to the defendant calling for the payment of arrears of rent.
Reference:
Ext.A1
Document Type: Copy of postal receipt
Submitted By: Plaintiff
Relevance:
Postal receipt related to the lawyer notice, subject to proof.
Reference:
Ext.A2
Document Type: Copy of Returned Postal Cover
Submitted By: Plaintiff
Relevance:
Returned postal cover related to the lawyer notice, subject to proof.
Reference:
Ext.A3
Document Type: Payment Receipt issued by Chandra Towers Apartment Owners Association
Submitted By: Defendant
Relevance:
Evidence of payments made by the defendant towards common amenities.
Reference:
Ext.B1 series

Case Classification

Case Type
Civil Suit
Category
Eviction and Rent Control
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Common Reasons
Non-payment of rent
Case Code
Case between Mrs. Bindhu Anil vs Mr. K.V James regarding arrears of rent.
Case Code Year
Case between Mrs. Bindhu Anil vs Mr. K.V James regarding arrears of rent.

Quick Facts

Location
Ernakulam
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Case Filed
Tue, 01/05/2021 - 12:00
Case Closed
Thu, 10/03/2024 - 12:00
From
Tue, 10/01/2024 - 12:00
To
Thu, 10/31/2024 - 12:00
Outcome Confidence
85%

Involved Entities

Similar Cases

Case between Krishnakala Panicker vs Dibu K John regarding recovery of dues from tenant.
COURT OF MUNSIFF, ERNAKULAM
Civil Suit Plaintiff Won
Case between K.V. Thomas et al vs M/s ALTAIM et al regarding permanent prohibitory injunction.
THE COURT OF THE MUNSIFF, ERNAKULAM
Civil Suit Plaintiff Won
Case between Dr. Radha Devi vs Sri. Sunil Kumar C.S regarding realisation of money
THE PRINCIPAL MUNSIFF, ERNAKULAM
Civil Suit Plaintiff Won
Case between K H Ramlath Nazer vs Apex India Education and Charitable Trust et al regarding realization of money
Munsiff Court, Ernakulam
Civil Suit Plaintiff Won
Case between Roby K. Skariah vs Merin Paul regarding realisation of money
COURT OF THE PRINCIPAL MUNSIFF, ERNAKULAM
Civil Suit Plaintiff Won