Case Summary
The plaintiff, Varkey Abraham, is seeking recovery of damages and arrears of rent from the defendant, Manikandam Nair, claiming non-payment of rent and damages to the property. The defendant admits tenancy but disputes the amount and the alleged damages.
Judgment Outcome
Judgment Favored
Partial
Relief Granted
The defendant shall pay the plaintiff ₹6,91,850 as arrears of rent, with interest at 6% per year from the date of suit until payment and a permanent injunction is granted.
Case Type
Civil Suit
Final Judgment
No
The suit is partly decreed. The plaintiff is entitled to recover ₹6,91,850 as arrears of rent but the claim for damages is dismissed. A permanent injunction is granted restraining the defendant from damaging the property.
Key Reasoning:
The plaintiff proved the existence of tenancy and showed that the arrears of rent were supported by the Rent Controller's order.
The plaintiff proved the existence of tenancy and showed that the arrears of rent were supported by the Rent Controller's order.
Losing Side's Weaknesses:
Not available
Not available
Supporting Evidence
The plaintiff has produced evidence to show that he owns the A schedule property and that the B schedule room was rented to the defendant... Since the plaintiff alleges non-payment of rent and interference with the property, and the defendant has not proved otherwise, there is a valid cause of action.
Judgment Evidence:
In the result: 1) The suit is partly decreed. 2) The defendant shall pay the plaintiff ₹6,91,850 as arrears of rent, with interest at 6% per year from the date of suit until payment. 3) The claim for ₹67,000 as damages is dismissed. 4) The defendant is permanently restrained from damaging or interfering with the plaint A and B schedule properties except through due process of law.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Varkey Abraham
- Party Age
- 70
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Manikandam Nair
- Party Age
- 56
- Relation
- S/o
Plaintiffs Documents
Land Tax Receipt, Building Tax Receipt, Copy of Rent Controller Order in R.C.(O.P.) No. 50/2015.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Karjret Koduvath
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Anil D Kartha
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Damages
Outcome:
Rejected
Description:
Claim for damages of ₹67,000/- due to property damage.
Evidence:
Since there is no clear proof linking the damage to the defendant, the claim for 67,000/- damages is rejected.
Relief Type:
Recovery
Outcome:
Granted
Description:
Recovery of ₹6,91,850/- towards arrears of rent.
Evidence:
Therefore, the plaintiff is entitled to recover 6,91,850/- as arrears of rent.
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
Permanent injunction restraining the defendant from damaging the property.
Evidence:
A permanent injunction restraining the defendant from damaging or interfering with the plaint A and B schedule properties.
Documents & Evidence
Document Type:
Land Tax Receipt
Submitted By:
Plaintiff
Relevance:
Proves ownership and possession of the property.
Reference:
Ext.A1
Document Type:
Building Tax Receipt
Submitted By:
Plaintiff
Relevance:
Supports the claim regarding the property under dispute.
Reference:
Ext.A2
Document Type:
Rent Controller Order
Submitted By:
Plaintiff
Relevance:
Establishes the fixation of fair rent for the property.
Reference:
Ext.A3
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Provides evidence related to the condition of the property.
Reference:
Ext.C1
Document Type:
Rough Sketch
Submitted By:
Court
Relevance:
Visual representation related to the commission report.
Reference:
Ext.C1(a)
Case Classification
Case Type
Civil Suit
Category
Eviction and Rent Control
District
Kottayam
State
Kerala
Court Establishment
Munsiff Court, Kottayam
Common Reasons
Non-payment of rent
Case Code
Case between Varkey Abraham vs Manikandam Nair regarding recovery of damages and arrears of rent.
Case Code Year
Case between Varkey Abraham vs Manikandam Nair regarding recovery of damages and arrears of rent.