Case Summary
The plaintiff, T H Abdul Azeez, is seeking to recover unpaid rent from the defendant, V S Salim, who defaulted on payments for an office space rented out since 2010. After multiple defaults and legal notices, the plaintiff filed this suit to claim arrears and interest.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Defendant shall pay Rs.3,82,119.20 with interest @ 6% per annum from the date of suit till the date of decree or realization
Case Type
Civil Suit
Final Judgment
No
The court decreed that the defendant must pay Rs.3,82,119.20 with interest to the plaintiff. The decree includes personal liability for the defendant and his assets to satisfy the debt.
Why Plaintiff Won:
The plaintiff established a clear case supported by unchallenged evidence regarding payment defaults.
The plaintiff established a clear case supported by unchallenged evidence regarding payment defaults.
Losing Side's Weaknesses:
The plaintiff established a clear case supported by unchallenged evidence regarding payment defaults.
The plaintiff established a clear case supported by unchallenged evidence regarding payment defaults.
Supporting Evidence
On perusal of the plaint, proof affidavit and documents produced, I am of the view that plaintiff has established a case and plaintiff is entitled to realize an amount of Rs.3,82,119.20/- with interest at the rate of 6% per annum from the date of suit till the date of decree or realization, as the case may be, from defendant.
Judgment Evidence:
In the result, suit is decreed as follows: Defendant shall pay Rs.3,82,119.20/(Rupees Three lakhs eighty two thousand one hundred and nineteen and twenty paise only) with interest @ 6% per annum from the date of suit till the date of decree or realization, as the case may be, to the plaintiff.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- T H Abdul Azeez
- Party Age
- 78
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- V S Salim
- Party Age
- 56
- Relation
- S/o
Plaintiffs Documents
Certified copy of the order in RCP No.160/2020, Certified copy of delivery kacheet, Office copy of lawyer notice, Postal receipt
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- KP Majeed
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- V Shankar
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff is entitled to recover Rs.3,82,119.20 with interest.
Evidence:
Plaintiff has established a case and plaintiff is entitled to realize an amount of Rs.3,82,119.20/- with interest at the rate of 6% per annum from the date of suit till the date of decree or realization, as the case may be, from defendant.
Documents & Evidence
Document Type:
Certified copy of the order in RCP 160/2020
Submitted By:
Plaintiff
Relevance:
Shows the order passed by the Rent Control Court on 29.02.2024 regarding the eviction of the defendant.
Reference:
Ext.A1
Document Type:
Certified copy of Delivery Kacheet
Submitted By:
Plaintiff
Relevance:
Demonstrates that the plaintiff obtained possession of the property on 15.11.2024.
Reference:
Ext.A2
Document Type:
Office copy of lawyer notice
Submitted By:
Plaintiff
Relevance:
Indicates that the plaintiff demanded payment from the defendant on 25.11.2024.
Reference:
Ext.A3
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
Confirms that the defendant received the legal notice on 26.11.2024.
Reference:
Ext.A4
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Common Reasons
Case Code
Case between T H Abdul Azeez vs V S Salim regarding realization of money
Case Code Year
Case between T H Abdul Azeez vs V S Salim regarding realization of money