Case Summary
Plamena K.X, the plaintiff, is seeking eviction and damages from the defendant, P.K. Varghese, for failing to pay rent for a leased property. The court found the plaintiff's claims substantiated, leading to a favorable judgment for the plaintiff.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The defendant is directed to recover possession of the plaint schedule property to the plaintiff and pay Rs. 37,702/- with interest.
Case Type
Civil Suit
Final Judgment
No
The court decreed the suit in favor of the plaintiff, ordering the defendant to vacate the property and pay the amount due for unpaid rent and damages.
Why Plaintiff Won:
The court established that the plaintiff is the absolute owner and there was no evidence contradicting the plaintiff's claim.
The court established that the plaintiff is the absolute owner and there was no evidence contradicting the plaintiff's claim.
Losing Side's Weaknesses:
The court established that the plaintiff is the absolute owner and there was no evidence contradicting the plaintiff's claim.
The court established that the plaintiff is the absolute owner and there was no evidence contradicting the plaintiff's claim.
Supporting Evidence
The plaint averments, affidavit and the documents would establish the case of the plaintiff. There is no evidence to rebut the evidence adduced on the side of the plaintiff.
Judgment Evidence:
In the result, the suit is decreed as follows: 1. The defendant is directed to recover the possession of the plaint schedule property to the plaintiff within three months.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Plamena K.X
- Party Age
- 63
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- P.K. Varghese
- Party Age
- 60
- Relation
- S/o
Plaintiffs Documents
Certified copy of the sale deed, Ownership Certificate, Building Tax Receipt, Tax Receipt, notice issued to the defendant, Postal Receipt, Acknowledgment Card, Lawyer notice, reply notice, Postal Receipt, Acknowledgment Card, Rent agreement.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- K. Karjet
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Eviction
Outcome:
Granted
Description:
Defendant is ordered to vacate the plaint schedule property.
Evidence:
The defendant is directed to recover the possession of the plaint schedule property to the plaintiff within three months and to evict the defendant from the plaint schedule property through the process of court.
Relief Type:
Damages
Outcome:
Granted
Description:
Defendant is ordered to pay the plaintiff Rs. 37,702/- with interest.
Evidence:
It is ordered that the defendant shall pay to the plaintiff the sum of Rs. 37,702/- (Rupees Thirty Seven Thousand Seven Hundred and Two Only) with interest thereon at the rate of 6% per annum, from the date of institution of the suit till the date of realization of the sum.
Relief Type:
Damages
Outcome:
Granted
Description:
Defendant is ordered to pay Rs. 5,000/- per month until vacating the property.
Evidence:
The defendant is directed to pay Rs. 5,000/- per month with 6% interest per annum to the plaintiff till the defendant vacate the plaint schedule building.
Relief Type:
Other
Outcome:
Granted
Description:
Plaintiff is entitled to realize costs from the defendant.
Evidence:
The plaintiff is entitled to realise the costs from the defendants.
Documents & Evidence
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
Proves the ownership of the plaintiff over the property.
Reference:
Ext.A1
Document Type:
Ownership Certificate
Submitted By:
Plaintiff
Relevance:
Confirms the plaintiff's ownership of the property.
Reference:
Ext.A2
Document Type:
Building Tax Receipt
Submitted By:
Plaintiff
Relevance:
Demonstrates the tax payments related to the property.
Reference:
Ext.A3
Document Type:
Tax receipt
Submitted By:
Plaintiff
Relevance:
Further supports the claim of ownership through tax documentation.
Reference:
Ext.A4
Document Type:
Notice
Submitted By:
Plaintiff
Relevance:
Terminated the lease arrangement and demanded arrears.
Reference:
Ext.A5
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
Proves delivery of the notice to the defendant.
Reference:
Ext.A6
Document Type:
Acknowledgment card
Submitted By:
Plaintiff
Relevance:
Confirms receipt of the notice by the defendant.
Reference:
Ext.A7
Document Type:
Lawyer Notice
Submitted By:
Plaintiff
Relevance:
Notice issued by counsel related to the suit.
Reference:
Ext.A8
Document Type:
Reply Notice
Submitted By:
Plaintiff
Relevance:
Response from the defendant's counsel regarding the case.
Reference:
Ext.A9
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
Proof of sending the reply notice.
Reference:
Ext.A10
Document Type:
Acknowledgment card
Submitted By:
Plaintiff
Relevance:
Shows receipt of the reply notice.
Reference:
Ext.A11
Document Type:
Rent Agreement
Submitted By:
Plaintiff
Relevance:
Details the lease terms between the plaintiff and defendant.
Reference:
Ext.A12
Case Classification
Case Type
Civil Suit
Category
Eviction and Rent Control
District
Kottayam
State
Kerala
Court Establishment
Munsiff Court, Kottayam
Common Reasons
Non-payment of rent
Case Code
O.S.
Case Code Year
2020