Case Summary
The plaintiff, Shaja Mathew, filed a suit against the defendant, Jipsa Beegam A. R, for the recovery of rent arrears and damages related to a lease agreement. The court dismissed the suit, determining that the plaintiff did not sufficiently establish the claim for arrears.
Judgment Outcome
Judgment Favored
Defendant
Relief Granted
Case Type
Civil Suit
Final Judgment
No
Key Reasoning:
The plaintiff was unable to establish the specific rent arrears or the legal basis for the claims made.
The plaintiff was unable to establish the specific rent arrears or the legal basis for the claims made.
Judgment Evidence:
In the result, the suit is dismissed, the parties are directed to suffer their respective costs.
Parties Involved
Plaintiffs
Shaja Mathew (49 years)
House No:5, Paul Abro Colony, Changampuzha Nagar P.O, Ernakulam
Joshy Mathew (47 years)
House No: 5, Paul Abro Colony, Changampuzha Nagar P. O, Ernakulam
Defendants
Jipsa Beegam A. R (31 years)
Apartment No: 17 G, bearing Thrikkakara Municipality Door No: X/218-131, 17th Floor, Tower 1, “Neptune” Trinity World, Trinity World Road, Chittethukara, Kakkanadu, Ernakulam, Kochi – 682 030
Reliefs
Relief Type:
Recovery
Outcome:
Rejected
Description:
The plaintiff sought recovery of rent arrears from the defendant.
Evidence:
The plaintiff is not entitled to any relief as sought for in the plaint.
Documents & Evidence
Document Type:
General Power of Attorney
Submitted By:
Plaintiff
Relevance:
This document authorized the plaintiff's brother to represent him in all matters regarding the flat.
Reference:
Ext.A1
Document Type:
True copy of Lawyer Notice
Submitted By:
Plaintiff
Relevance:
The notice demanded the surrender of the flat and payment of rent arrears.
Reference:
Ext.A2
Document Type:
Postal Receipts
Submitted By:
Plaintiff
Relevance:
Evidence of communication sent to the defendant relating to the demand for payment.
Reference:
Ext.A3
Document Type:
True photocopy of the acknowledgment card
Submitted By:
Plaintiff
Relevance:
Related to delivery of the lawyer notice; subject to proof.
Reference:
Ext.A4
Document Type:
Copy of the returned postal envelope
Submitted By:
Plaintiff
Relevance:
Documents pertaining to the attempted communication with the defendant.
Reference:
Ext.A5
Document Type:
True photostat copy of the Plaint in O.S 564/2018
Submitted By:
Plaintiff
Relevance:
Relevant to the defendant's suit against the plaintiff.
Reference:
Ext.A6
Document Type:
True copy of the RCP No. 113/2018 filed before the Rent Control Court, Ernakulam
Submitted By:
Plaintiff
Relevance:
Document related to the eviction proceedings against the defendant.
Reference:
Ext.A7
Document Type:
Certified copy of the Order in I.A No. 942/2019 in RCP No. 113/2018
Submitted By:
Plaintiff
Relevance:
Order related to the directives for payment of arrears of rent.
Reference:
Ext.A8
Document Type:
Carbon Copy of the Order in RCP 113/2018
Submitted By:
Plaintiff
Relevance:
Order regarding the eviction of the defendant.
Reference:
Ext.A9
Document Type:
Certified copy of Judgment in O.S 564/2018
Submitted By:
Plaintiff
Relevance:
Judgment relating to the defendant's prior suit against the plaintiff.
Reference:
Ext.A10