Case Summary
The plaintiff, Abdul Rahim Haji, filed a suit against Prakasan for the recovery of money related to a property sale agreement where the property was not sold, and the amount paid was not returned. The defendant was absent during the trial, resulting in a judgment in favor of the plaintiff.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The plaintiff is entitled to realize an amount of Rs.5,19,397/- with interest at the rate of 9% per annum.
Case Type
Civil Suit
Final Judgment
No
The court decreed the suit in favor of the plaintiff, allowing him to recover the claimed amount with interest.
Why Plaintiff Won:
Losing Side's Weaknesses:
Supporting Evidence
the claim of the plaintiff to realize the plaint amount from the defendant stands undisputed and unrebutted.
Judgment Evidence:
In the result, the suit is decreed with costs.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- ABDUL RAHIM HAJI
- Party Age
- 54
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- PRAKASAN
- Party Age
- 35
- Relation
- S/o
Plaintiffs Documents
Sale Agreement, Basic Tax Receipt, Copy of Lawyer Notice, Postal Receipt, Unclaimed cover with acknowledgment.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. Akhilesh. P. T
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
The plaintiff is entitled to recover an amount of Rs.5,19,397/- from the defendant.
Evidence:
The plaintiff is entitled to realize an amount of Rs.5,19,397/- (Rupees Five Lakhs Nineteen Thousand Three Hundred and Ninety Seven Only) with interest at the rate of 9% per annum from the defendant and his assets.
Documents & Evidence
Document Type:
Sale Agreement
Submitted By:
Plaintiff
Relevance:
This document serves as the foundational agreement for the transaction that the plaintiff claims has not been honored by the defendant.
Reference:
Ext.A1
Document Type:
Basic Tax Receipt
Submitted By:
Plaintiff
Relevance:
This document supports the plaintiff's claims regarding the financial transactions related to the property sale.
Reference:
Ext.A2
Document Type:
Copy of Lawyer Notice
Submitted By:
Plaintiff
Relevance:
This document indicates that a formal notice was sent to the defendant regarding the unpaid amount.
Reference:
Ext.A3
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
This document serves as evidence of the correspondence sent by the plaintiff related to the case.
Reference:
Ext.A4
Document Type:
Unclaimed Cover with Acknowledgment
Submitted By:
Plaintiff
Relevance:
This document indicates an acknowledgment of receipt related to the case proceedings.
Reference:
Ext.A5
Case Classification
Case Type
Civil Suit
Category
Money and Loan Recovery
District
Kozhikode
State
Kerala
Court Establishment
Munsiff Court, Nadapuram
Common Reasons
Non-payment of rent
Case Code
Case between ABDUL RAHIM HAJI vs PRAKASAN regarding realization of money.
Case Code Year
Case between ABDUL RAHIM HAJI vs PRAKASAN regarding realization of money.