Case Summary
The plaintiff, Palathara Hill View Flat Owner's Association, claims the defendant, Marykkutty Thomas, has not paid maintenance charges for the apartments. The plaintiff seeks to recover a total of ₹1,10,920/- including interest.
Judgment Outcome
Judgment Favored
Defendant
Relief Granted
Case Type
Civil Suit
Final Judgment
No
Key Reasoning:
The plaintiff did not provide adequate proof of the defendant's membership or of the maintenance dues claimed.
The plaintiff did not provide adequate proof of the defendant's membership or of the maintenance dues claimed.
Judgment Evidence:
In the result, the suit is dismissed. Defendant is entitled to the costs of the suit from the plaintiff.
Parties Involved
Plaintiffs
P.C. Cherian @ Charles (Age not specified years)
Palathara Hill View Apartments, Changampuzha Nagar, P.O, Kalamassery – 682 033
Defendants
Marykkutty Thomas (61 years)
Door No. XXIX/129 B, Ground floor, Palathara Hill view Apartments - Ruby, Kalamassery Municipality, Near Hill valley school, Pulimughal road, Edappally, Thrikkakara north village, Kanayannur Taluk - Ernakulam Kerala – 682 033
Reliefs
Relief Type:
Recovery
Outcome:
Refused
Description:
The plaintiff requested recovery of maintenance charges and additional fees from the defendant.
Evidence:
In the result, the suit is dismissed.
Relief Type:
Other
Outcome:
Granted
Description:
The defendant claimed costs of the suit from the plaintiff.
Evidence:
Defendant is entitled to the costs of the suit from the plaintiff.
Documents & Evidence
Document Type:
Minutes Book
Submitted By:
Plaintiff
Relevance:
Photocopy of the relevant pages of minutes book of Palathara Hill View Flat Owners Association marked subject to proof.
Reference:
Ext.A1
Document Type:
Minutes Book
Submitted By:
Plaintiff
Relevance:
Photocopy of the relevant pages of minutes book of Palathara Hill View Flat Owners Association marked subject to proof.
Reference:
Ext.A2
Document Type:
Lawyer Notice
Submitted By:
Unknown
Relevance:
Office copy of the Lawyer Notice.
Reference:
Ext.A3
Document Type:
Power of Attorney
Submitted By:
Defendant
Relevance:
Power of Attorney marked on behalf of the defendant.
Reference:
Ext.B1
Document Type:
Oral Evidence
Submitted By:
Unknown
Relevance:
Oral evidence provided by the president of the plaintiff association and the power of attorney holder of the defendant.
Reference: