Skip to main content
Niyamam AI Niyamam AI

Main navigation

  • Home
  • Lawyer Login
  • Lawyer Registration
  • About us
  • Contact
O.S. No. 610/2017

Case between Varkey Abraham vs Manikandam Nair regarding recovery of damages and arrears of rent.

Court
COURT OF THE MUNSIFF, KOTTAYAM
Judge
Smt. Indu. P. Raj
Order Date
2025-08-14
Duration
approximately-7 years 10 months
Case Closed
Thu, 08/14/2025 - 12:00

Judgement document from eCourt website

Judgment Document
Save Case Find Similar Cases

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

Partial Relief
Interim Order
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.
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.
Losing Side's Weaknesses:
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.

Quick Facts

Location
Kottayam
District
Kottayam
State
Kerala
Court Establishment
Munsiff Court, Kottayam
Case Filed
Mon, 08/14/2017 - 12:00
Case Closed
Thu, 08/14/2025 - 12:00
From
Fri, 08/01/2025 - 12:00
To
Tue, 09/30/2025 - 12:00
Outcome Confidence
85%

Involved Entities

Similar Cases

Case between Divya Ann Mathew vs Sobha K N regarding eviction and realization of arrears of license fee.
COURT OF THE MUNSIFF, KOTTAYAM
Civil Suit Plaintiff Won
Case between Plamena K.X vs P.K. Varghese regarding eviction and damages
Addl. Munsiff's Court
Civil Suit Plaintiff Won
Case between Bobby Mani vs The Kerala State Beverages Corporation regarding recovery of damages and arrears of rent.
IN THE COURT OF THE MUNSIFF, KOTTAYAM
Civil Suit Plaintiff Won
Case between Boobily Peter vs Reliance Infratel Limited regarding injunction
Munsiff Court, Kottayam
Civil Suit Plaintiff Won
Case between Jose Mathew et al vs K.S.Ninan regarding arrears of rent.
IN THE COURT OF THE MUNSIFF, KOTTAYAM
Civil Suit Plaintiff Won