Case Summary
The plaintiff, Polachan Maniamkot, owns buildings leased to the defendant, Mohammed Shanif P.S, who defaulted on rent payments. The plaintiff seeks recovery of outstanding rent and the return of the leased property.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Defendant shall pay Rs. 1,76,074/- with interest at 7% per annum from the date of the suit till the date of decree and costs of the suit.
Case Type
Civil Suit
Final Judgment
No
The court decreed in part that the defendant must pay Rs. 1,76,074 with interest and costs to the plaintiff.
Why Plaintiff Won:
The defendant acknowledged the lease agreement and was liable for unpaid rent.
The defendant acknowledged the lease agreement and was liable for unpaid rent.
Losing Side's Weaknesses:
The defendant acknowledged the lease agreement and was liable for unpaid rent.
The defendant acknowledged the lease agreement and was liable for unpaid rent.
Supporting Evidence
The burden to prove that rent till the month of April was paid by the defendant and that there was an oral agreement between the parties that the rent for the next 4 months will be reduced from the advance deposit is clearly upon the defendant.
Judgment Evidence:
In the result, the suit is decreed in part as follows. 1) The defendant shall pay Rs Rs.1,76,074/- with interest at 7% per annum from the date of the suit till the date of decree and in case not paid, defendant shall also be liable for post decretal interest at 6% per annum till the date of realization.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Polachan Maniamkot
- Party Age
- 54
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Mohammed Shanif P.S
- Party Age
- 45
- Relation
- S/o
Plaintiffs Documents
Letters issued by the plaintiff and defendant, legal notices, and acknowledgment cards.
Defendants Documents
Building tax receipts.
Advocates
- Party Role
- Plaintiff
- Advocate Name
- V.A.Johnson
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Harikrishnan
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Cyriac Tom
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Chithra R Shenoy
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Aancil V.H
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Partly Granted
Description:
The plaintiff sought recovery of the outstanding rent due from the defendant.
Evidence:
The defendant’s liability for payment of arrears of rent is limited to the months starting from August 2021 to 5th of August 2022 which as per the rate of rent admitted by both parties would amount to Rs. 2,76,074/-.
Relief Type:
Interest
Outcome:
Granted
Description:
The plaintiff sought interest on the recovered amount.
Evidence:
This court is inclined to allow a reasonable rate of interest at 7% per annum from the date of the suit till the date of decree and at a rate of 6% per annum from the date of the decree till realization.
Relief Type:
Cost
Outcome:
Granted
Description:
The plaintiff sought payment of costs of the suit.
Evidence:
Defendant shall also pay the costs of the suit to the plaintiff.
Documents & Evidence
Document Type:
Letter
Submitted By:
Plaintiff
Relevance:
Letter issued by the defendant to the plaintiff asserting willingness to surrender vacant possession.
Reference:
Ext.A1
Document Type:
Letter
Submitted By:
Plaintiff
Relevance:
Letter issued by the plaintiff to the defendant denying the assertions in Ext.A1 and calling for surrender of vacant possession.
Reference:
Ext.A2
Document Type:
Letter
Submitted By:
Plaintiff
Relevance:
Letter issued by the plaintiff to the postmaster.
Reference:
Ext.A3
Document Type:
Letter
Submitted By:
Plaintiff
Relevance:
Letter issued by the postal department to the plaintiff.
Reference:
Ext.A4
Document Type:
Lawyer Notice
Submitted By:
Plaintiff
Relevance:
Notice issued to the defendants demanding payment of rent arrears and vacant possession.
Reference:
Ext.A5
Document Type:
Acknowledgment card
Submitted By:
Plaintiff
Relevance:
Returned acknowledgment card.
Reference:
Ext.A6
Document Type:
Building Tax Receipts
Submitted By:
Defendant
Relevance:
Building tax receipts submitted by the defendant as evidence.
Reference:
Ext.B1
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Commission report filed by Adv.V.C.Xavier regarding inspection of the disputed property.
Reference:
Ext.C1
Case Classification
Case Type
Civil Suit
Category
Money and Loan Recovery
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Common Reasons
Non-payment of rent
Case Code
Case between Polachan Maniamkot vs Mohammed Shanif P.S regarding recovery of money
Case Code Year
Case between Polachan Maniamkot vs Mohammed Shanif P.S regarding recovery of money