Case Summary
The plaintiff, Shiju Mathew, is seeking the recovery of Rs. 9,00,000/- as advance from the defendant, Sudheesh Kumar, who has failed to return the amount despite repeated demands. The rental agreement terms and circumstances leading to this case are mentioned in the filed plaint.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The plaintiff is allowed to recover Rs. 9,00,000/- with interest at the rate of 9% per annum from the date of suit till the date of decree, and thereafter at 6% per annum until full realization.
Case Type
Civil Suit
Final Judgment
No
The court decreed the suit in favor of the plaintiff, allowing him to recover Rs. 9,00,000/- with interest. The defendant is also required to pay the costs of the suit.
Why Plaintiff Won:
The unrebutted evidence of the plaintiff proved the case in favor of the plaintiff.
The unrebutted evidence of the plaintiff proved the case in favor of the plaintiff.
Losing Side's Weaknesses:
The unrebutted evidence of the plaintiff proved the case in favor of the plaintiff.
The unrebutted evidence of the plaintiff proved the case in favor of the plaintiff.
Supporting Evidence
From the unrebutted evidence of PW1 and from Ext.A1 document the plaint averments stands proved.
Judgment Evidence:
In the result, suit is decreed as follows: A) The plaintiff is allowed to recover Rs. 9,00,000/- (Rupees Nine lakh only) together with interest at the rate of 9% per annum from the date of suit till the date of decree, and thereafter @ 6% per annum from the date of decree till entire realization in full from the defendant and his assets.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Shiju Mathew
- Party Age
- 42
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Sudheesh Kumar
- Party Age
- 48
- Relation
- S/o
Plaintiffs Documents
A124.08.2019 Rent Agreement.
Defendants Documents
Nil
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Dhaneshkumar K.S.
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
The plaintiff is allowed to recover Rs. 9,00,000 together with interest.
Evidence:
The plaintiff is allowed to recover Rs. 9,00,000 (Rupees Nine lakh only) together with interest at the rate of 9% per annum from the date of suit till the date of decree, and thereafter @ 6% per annum from the date of decree till entire realization in full from the defendant and his assets.
Relief Type:
Other
Outcome:
Granted
Description:
The plaintiff is entitled to get the costs of the suit from the defendant.
Evidence:
The plaintiff is also entitled to get the costs of the suit from the defendant.
Documents & Evidence
Document Type:
Rent Agreement
Submitted By:
Plaintiff
Relevance:
This document supported the plaintiff's claims regarding the rental agreement and advance payments.
Reference:
Ext.A1
Case Classification
Case Type
Civil Suit
Category
Money and Loan Recovery
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Common Reasons
Non-payment of rent
Case Code
Case between Shiju Mathew vs Sudheesh Kumar regarding realisation of money.
Case Code Year
Case between Shiju Mathew vs Sudheesh Kumar regarding realisation of money.