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O.S No.60/2024

Case between Shanavaskhan vs Prathapan regarding realisation of rent arrears

Court
COURT OF THE MUNSIFF, VAIKOM
Judge
Kum. Abhinimol Rajendran
Order Date
2025-02-28
Duration
approximately-2 years 8 months
Case Closed
Fri, 02/28/2025 - 12:00

Judgement document from eCourt website

Judgment Document
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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

Plaintiff Won
Interim Order
The court decreed in favor of the plaintiff, allowing him to realize the plaint claim along with interest from the defendant.
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.
Losing Side's Weaknesses:
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

Quick Facts

Location
Vaikom Taluk, Kottayam District, Kerala State
District
Kottayam
State
Kerala
Court Establishment
Munsiff Court Vaikom
Case Filed
Tue, 03/12/2024 - 12:00
Case Closed
Fri, 02/28/2025 - 12:00
From
Wed, 01/01/2025 - 12:00
To
Fri, 02/28/2025 - 12:00
Outcome Confidence
95%

Involved Entities

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