Case Summary
The plaintiff, S M Dileepkumar, is the owner of a building who filed a suit against Rijun N for non-payment of a license fee. The defendant has defaulted on payments totaling Rs.3,20,000 and is currently in jail, which has resulted in the plaintiff seeking eviction and damages.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Defendant shall pay Rs.3,20,000 along with interest and Rs.80,000 as monthly damages until vacated.
Case Type
Civil Suit
Final Judgment
No
The court decreed the suit in favor of the plaintiff, ordering the defendant to pay Rs.3,20,000 along with interest for the overdue license fees and also awarded damages for continued occupancy without payment.
Why Plaintiff Won:
The plaintiff established ownership and the defendant's failure to pay license fees as per the agreement.
The plaintiff established ownership and the defendant's failure to pay license fees as per the agreement.
Losing Side's Weaknesses:
The plaintiff established ownership and the defendant's failure to pay license fees as per the agreement.
The plaintiff established ownership and the defendant's failure to pay license fees as per the agreement.
Supporting Evidence
On perusal of the plaint, proof affidavit and documents produced, I am of the view that plaintiff has established a case and is entitled to realize an amount of Rs.3,20,000/- from defendant.
Judgment Evidence:
In the result, the suit is decreed as follows: 1) Defendant shall pay Rs.3,20,000/- (Rupees Three lakhs twenty thousand only) along with interest ...
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- S M Dileepkumar
- Party Age
- 72
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Rijun N
- Party Age
- 27
- Relation
- S/o
Plaintiffs Documents
License agreement dated 05.04.2023, Property tax receipt dated 10.09.2024, Lawyer notice dated 28.09.2023, Postal receipt dated 28.09.2023.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- P Chandrasekhar
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Anand Sankar
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Defendant shall pay Rs.3,20,000/- along with interest.
Evidence:
Defendant shall pay Rs.3,20,000/- (Rupees Three lakhs twenty thousand only) along with interest @18% per annum from the date of suit till the date of decree and @ 6% from the date of decree till payment or realization.
Relief Type:
Damages
Outcome:
Granted
Description:
Defendant shall pay Rs.80,000/- as monthly damages until vacating the premises.
Evidence:
Defendant shall pay Rs.80,000/-(Rupees Eighty thousand only) as monthly damages from the date of suit till the defendant vacates the plaint schedule premises.
Relief Type:
Mandatory Injunction
Outcome:
Granted
Description:
Defendant is directed to vacate the plaint schedule premises.
Evidence:
Defendant is directed by a mandatory injunction to vacate the plaint schedule premises and give vacant possession thereof to the plaintiff.
Documents & Evidence
Document Type:
License Agreement
Submitted By:
Plaintiff
Relevance:
Establishes the arrangement between the parties for the use of the premises.
Reference:
Ext.A1
Document Type:
Property Tax Receipt
Submitted By:
Plaintiff
Relevance:
Demonstrates the plaintiff’s obligation to pay property tax.
Reference:
Ext.A2
Document Type:
Lawyer Notice
Submitted By:
Plaintiff
Relevance:
Shows the demand for payment of arrears and termination of the license agreement.
Reference:
Ext.A3
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
Confirms the sending of the lawyer notice to the defendant.
Reference:
Ext.A4
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Common Reasons
Non-payment of rent
Case Code
Case between S M Dileepkumar vs Rijun N regarding realization of money
Case Code Year
Case between S M Dileepkumar vs Rijun N regarding realization of money
Case Flags
Imprisonment Involved
Arrest Involved