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
The court ruled in favor of the defendant, dismissing the plaintiff's claims regarding rent arrears and damages. The plaintiff was directed to bear his own costs.
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.
Why Defendant Won:
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.
Supporting Evidence
The plaintiff had not succeeded in establishing before the court the specific arrears of rent due to him from the defendant or that he is entitled to any interest with respect to the same.
Judgment Evidence:
In the result, the suit is dismissed, the parties are directed to suffer their respective costs.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Shaja Mathew
- Party Age
- 49
- Relation
- S/o
- Party Role
- Plaintiff
- Party Name
- Joshy Mathew
- Party Age
- 47
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Jipsa Beegam A. R
- Party Age
- 31
- Relation
- D/o
Plaintiffs Documents
General Power of Attorney, True Copy of Lawyer Notice, Postal Receipts (2 Nos.), True photocopy of the acknowledgment card (Subject to Proof), Copy of the returned postal envelope, True photostat copy of the Plaint in O.S 564/2018, True copy of the RCP No. 113/2018 filed before the Rent Control Court, Ernakulam, Certified copy of the Order in I.A No. 942/2019 in RCP No. 113/2018, Carbon Copy of the Order in RCP 113/2018, Certified copy of Judgment in O.S 564/2018
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- A. Balagopalan
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- A. Rajagopalan
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- M.N Manmadan
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Gouri Balagopal
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Rajiv Nambisan
- Appearance Type
- Main Counsel
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
Case Classification
Case Type
Civil Suit
Category
Property and Possession Disputes
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Common Reasons
Non-payment of rent
Case Code
Case between Shaja Mathew vs Jipsa Beegam A. R regarding realization of money
Case Code Year
Case between Shaja Mathew vs Jipsa Beegam A. R regarding realization of money