Case Summary
Shanavaskhan is the plaintiff who claims that the defendant, Prathapan, has defaulted on rent payments for a leased property. The suit seeks to recover the outstanding rent arrears amounting to ₹.3,55,000/- and damages for use and occupation.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The plaintiff is allowed to realise the plaint claim of Rs.4,64,663 and also to realise 9% interest from the defendant from the date of the suit.
Case Type
Civil Suit
Final Judgment
No
The court decreed in favor of the plaintiff, allowing him to realize the plaint claim along with interest from the defendant.
Why Plaintiff Won:
The court found sufficient evidence supporting the plaintiff's claim for rent arrears.
The court found sufficient evidence supporting the plaintiff's claim for rent arrears.
Losing Side's Weaknesses:
The court found sufficient evidence supporting the plaintiff's claim for rent arrears.
The court found sufficient evidence supporting the plaintiff's claim for rent arrears.
Supporting Evidence
From the unrebutted evidence, I am satisfied that plaintiff is entitled to get a decree permitting him to realise the plaint amount from the defendant.
Judgment Evidence:
In the result, suit is decreed with costs as follows: The plaintiff is allowed to realise the plaint claim of Rs.4,64,663- and also to realise 9% interest from the defendant from the date of the suit ie, 12.03.2024 till realisation.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Shanavaskhan
- Party Age
- 49
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Prathapan
- Party Age
- 49
Plaintiffs Documents
Certified copy of Power of Attorney dated 13th February 1999, Office copy of registered lawyer’s notice dated 14.01.2022, Certified copy of final order in RCP No.1/2022.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Adv.B.Biju
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Adv.Amal Jose
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff is allowed to recover the plaint claim amount of Rs.4,64,663 along with interest.
Evidence:
The plaintiff is allowed to realise the plaint claim of Rs.4,64,663 and also to realise 9% interest from the defendant from the date of the suit ie, 12.03.2024 till realisation.
Documents & Evidence
Document Type:
Power of Attorney
Submitted By:
Plaintiff
Relevance:
Certified copy of power of attorney dated 13th February 1999 authorizing the plaintiff's father to manage the property.
Reference:
Ext.A1
Document Type:
Lawyer's Notice
Submitted By:
Plaintiff
Relevance:
Office copy of registered lawyer’s notice dated 14.01.2022 issued to the defendant demanding rent arrears.
Reference:
Ext.A2
Document Type:
Final Order in Rent Control Case
Submitted By:
Plaintiff
Relevance:
Certified copy of final order in RCP No.1/2022, which is relevant to the claim in the current suit.
Reference:
Ext.A3
Case Classification
Case Type
Civil Suit
Category
Eviction and Rent Control
District
Kottayam
State
Kerala
Court Establishment
Munsiff Court Vaikom
Common Reasons
Non-payment of rent
Case Code
Case between Shanavaskhan vs Prathapan regarding realisation of rent arrears
Case Code Year
Case between Shanavaskhan vs Prathapan regarding realisation of rent arrears