Skip to main content
Niyamam AI Niyamam AI

Main navigation

  • Home
  • Lawyer Login
  • Lawyer Registration
  • About us
  • Contact
O.S No. 798/2020

Case between Shaja Mathew vs Jipsa Beegam A. R regarding realization of money

Court
COURT OF THE PRINCIPAL MUNSIFF, ERNAKULAM
Judge
Sri. Rohit Nandakumar
Order Date
2024-10-22
Duration
approximately-4 years 4 months
Case Closed

Judgement document from eCourt website

Judgment Document
Save Case Find Similar Cases

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

Defendant Won
Interim Order
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.
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.
Why Defendant Won:
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

Quick Facts

Location
Ernakulam
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Case Filed
Thu, 10/22/2020 - 12:00
Case Closed
From
Tue, 10/01/2024 - 12:00
To
Thu, 10/31/2024 - 12:00
Outcome Confidence
90%

Involved Entities

Similar Cases

Case between M.K.Crown vs Thrikkakara Muncipality et al regarding declaration and injunction
COURT OF THE MUNSIFF, ERNAKULAM
Civil Suit Partial
Case between Arun R Nair vs Panjos Garden Apartment Owner’s Association et al regarding permanent prohibitory injunction
COURT OF THE MUNSIFF, ERNAKULAM
Civil Suit Plaintiff Won
Case between Annie Martin et al vs Suresh C.V et al regarding damages and arrears of rent
Court of the Munsiff, Ernakulam
Civil Suit Plaintiff Won
Case between Sunitha Kumari vs Clearway Astrum Apartment Owner’s Association et al regarding Petition for temporary injunction
COURT OF MUNSIFF, ERNAKULAM
Civil Suit Defendant Won
Case between Abdul Azeez C.M et al vs D. Sajith regarding money recovery
THE PRINCIPAL MUNSIFF, ERNAKULAM
Civil Suit Defendant Won