Case Summary
The plaintiff, a registered partnership firm, is seeking to recover rent arrears and damages from the defendants, who were tenants. The defendants claim they vacated the property and dispute the rent owed.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Defendants shall pay the plaintiff a sum of ₹ 6,04,000/- along with interest.
Case Type
Civil Suit
Final Judgment
No
Why Plaintiff Won:
The defendants did not provide sufficient evidence to support their claims of having vacated the property and failing to pay rent.
The defendants did not provide sufficient evidence to support their claims of having vacated the property and failing to pay rent.
Judgment Evidence:
In the result, the suit is decreed in part as follows- 1) Defendant shall pay the plaintiff a sum of Rs. 6,04,000/- being the sum total of 3,96,000/- which is the rent in arrears from 27.02.2019 to 26.09.2020 and 3,08,000/- for the period from 27.9.2020 to 27.10.2021 along with interest at the rate of 7% per annum from the date of the suit till the date of the decree and @ 6% per annum from the date of the decree till realisation.
Parties Involved
Plaintiffs
M/s Maniamkot Advertisement Company (Age not specified years)
H.I.G – 27, near Andhra Cultural Centre, Panampilly Nagar, Ernakulam, Pin – 682 036
Defendants
Joseph K.L (51 years)
Kandathil Parambil House, Jubilee Nagar residents Association, No. 67 Stephen Padua Jubilee road, Near Rose Villas, Konthuruthy P.O, Pin – 682 013
Antony C John (41 years)
Chirayil house, Central Thamraparmbu residents Association, No. 23, near Karthika temple, William P Immanuel road, Chirattapalam, Fort kochi P.O, Pin – 682 001
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff sought recovery of total amount of ₹ 6,04,000/- from the defendants.
Evidence:
The suit is decreed in part as follows- Defendant shall pay the plaintiff a sum of Rs. 6,04,000/- being the sum total of 3,96,000/- which is the rent in arrears from 27.02.2019 to 26.09.2020 and 3,08,000/- for the period from 27.9.2020 to 27.10.2021 along with interest at the rate of 7% per annum from the date of the suit till the date of the decree and @ 6% per annum from the date of the decree till realisation.
Relief Type:
Costs
Outcome:
Granted
Description:
Plaintiff is entitled to the costs of the suit.
Evidence:
Hence, the issue of costs is found in favour of the plaintiff.
Documents & Evidence
Document Type:
Partnership Deed
Submitted By:
Plaintiff
Relevance:
Certified copy of the Partnership deed as evidence of the plaintiff's status as a registered partnership firm.
Reference:
Ext.A1
Document Type:
Certificate of Registration
Submitted By:
Plaintiff
Relevance:
Certified copy of the certificate of Registration as proof of the plaintiff's corporate identity.
Reference:
Ext.A2
Document Type:
Resolution
Submitted By:
Plaintiff
Relevance:
Resolution related to operational decisions made by the partnership.
Reference:
Ext.A3
Document Type:
Office copy of the lawyer notice
Submitted By:
Plaintiff
Relevance:
Office copy of the lawyer notice issued to the defendants demanding payment of rent arrears and damages.
Reference:
Ext.A4
Document Type:
Postal Receipts
Submitted By:
Unknown
Relevance:
Postal receipts as evidence of shipment of notices.
Reference:
Ext.A5
Document Type:
Postal Acknowledgment Card
Submitted By:
Unknown
Relevance:
Acknowledgment card for service of lawyer notice to the 1st defendant.
Reference:
Ext.A6
Document Type:
Postal Acknowledgment Card
Submitted By:
Unknown
Relevance:
Acknowledgment card for service of lawyer notice to the 2nd defendant.
Reference:
Ext.A7
Document Type:
Reply Notice
Submitted By:
Defendant
Relevance:
Reply notice issued on behalf of the 1st respondent denying claims.
Reference:
Ext.A8
Document Type:
Reply Notice
Submitted By:
Defendant
Relevance:
Reply notice issued on behalf of the 2nd respondent denying claims.
Reference:
Ext.A9
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
Original of sale deed as evidence of ownership of the property.
Reference:
Ext.A10
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Commission Report filed by Adv. Animisha Sathyan mentioned findings on the condition of the property.
Reference:
Ext.C1