Case Summary
The plaintiff, Rajitha Nandakishor, is seeking to recover Rs.2,80,000 from the defendant, K I Togi, for unpaid rent and related charges. The defendant defaulted on payments and failed to respond to multiple demands.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Rs.2,80,000 with interest at 12% per annum
Case Type
Civil Suit
Final Judgment
No
The court decreed that the defendant must pay Rs.2,80,000 to the plaintiff with interest. Additionally, the defendant's personal assets are liable to satisfy the decree.
Why Plaintiff Won:
The plaintiff established a case for recovery of rent and demonstrated that the defendant had defaulted on payments.
The plaintiff established a case for recovery of rent and demonstrated that the defendant had defaulted on payments.
Losing Side's Weaknesses:
The plaintiff established a case for recovery of rent and demonstrated that the defendant had defaulted on payments.
The plaintiff established a case for recovery of rent and demonstrated that the defendant had defaulted on payments.
Supporting Evidence
I am of the view that plaintiff has established a case and plaintiff is entitled to realize an amount of Rs.2,80,000/- with interest at the rate of 12% per annum from the date of suit till the date of decree.
Judgment Evidence:
In the result, suit is decreed as follows: Defendant shall pay Rs.2,80,000/- (Rupees Two lakhs eighty thousand only) with interest @ 12% per annum from the date of suit till the date of decree and 6% from the date of decree till payment or realization, as the case may be, to the plaintiff.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Rajitha Nandakishor
- Party Age
- 46
- Relation
- D/o
- Party Role
- Plaintiff
- Party Name
- Ravindran P M
- Party Age
- 72
- Relation
- S/o Late VPKK Poduval
- Party Role
- Defendant
- Party Name
- K I Togi
- Relation
- S/o Late K C Itteera
Plaintiffs Documents
Lease agreement dated 11/05/2022, Original Cheque bearing No. 400348, Dishonor memo dated 19/03/2024, Legal Notice dated 05/04/2024.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sibi Karun
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- P M Rafeeq
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Radhika V R
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff sought to recover Rs.2,80,000/- with interest due to the dishonored cheque.
Evidence:
The plaintiff is entitled to realize an amount of Rs.2,80,000/- with interest at the rate of 12% per annum from the date of suit till the date of decree.
Relief Type:
Recovery
Outcome:
Granted
Description:
The defendant shall be personally liable to satisfy the decree debt.
Evidence:
Defendant shall be personally and his assets shall also be liable to satisfy the decree debt.
Relief Type:
Other
Outcome:
Granted
Description:
Plaintiff entitled to realize the costs of the suit.
Evidence:
Plaintiff is also entitled to realize the costs of the suit.
Documents & Evidence
Document Type:
Original Cheque
Submitted By:
Plaintiff
Relevance:
This cheque was issued by the defendant in lieu of arrears of rent and other dues.
Reference:
Ext.A1
Document Type:
Original dishonour memo
Submitted By:
Plaintiff
Relevance:
This memo shows that the cheque issued by the defendant was dishonored.
Reference:
Ext.A2
Document Type:
Legal Notice
Submitted By:
Plaintiff
Relevance:
This notice was sent to the defendant regarding the dishonor of the cheque.
Reference:
Ext.A3
Document Type:
Original postal receipts
Submitted By:
Plaintiff
Relevance:
These receipts were evidence of the legal notice being sent.
Reference:
Ext.A4
Document Type:
Photocopy of Acknowledgment card
Submitted By:
Plaintiff
Relevance:
This was evidence of the legal notice being acknowledged.
Reference:
Ext.A5
Document Type:
Returned postal cover with A/D
Submitted By:
Plaintiff
Relevance:
This cover was sent to the defendant and returned, indicating the defendant's knowledge of the proceedings.
Reference:
Ext.A6
Document Type:
Returned postal cover with A/D
Submitted By:
Plaintiff
Relevance:
Another cover returned which was sent to the defendant's alternate address.
Reference:
Ext.A7
Document Type:
Returned postal cover with A/D
Submitted By:
Plaintiff
Relevance:
This cover was returned as well, evidencing further attempts to notify the defendant.
Reference:
Ext.A8
Document Type:
Original power of attorney
Submitted By:
Plaintiff
Relevance:
This document provided authority to the plaintiff's representative in this legal matter.
Reference:
Ext.A9
Document Type:
Certified copy of Sale Deed
Submitted By:
Plaintiff
Relevance:
This sale deed established the ownership of the plaintiff over the apartment in question.
Reference:
Ext.A10
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 Rajitha Nandakishor vs K I Togi regarding realization of money
Case Code Year
Case between Rajitha Nandakishor vs K I Togi regarding realization of money
Case Flags
Cheque-Related Case
Nature of Cheque Case
Cheque Dishonour under Section 138 N.I. Act