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OS.No.905/2021

Case between Adil M. Haneef vs Sebastian David regarding realization of money.

Court
Court of Principal Munsiff
Judge
Sri. Mithun Gopi.G.S
Order Date
2025-03-28
Duration
approximately-5 years 1 month
Case Code No.
905
Case Closed

Judgement document from eCourt website

Judgment Document
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Case Summary

The plaintiff, Adil M. Haneef, claims that he paid the defendant, Sebastian David, ₹8,00,000 as an advance for a property sale agreement that was not executed. The plaintiff seeks repayment of the advance amount after the defendant allegedly failed to comply with the sale agreement.

Judgment Outcome

Plaintiff Won
Interim Order
The suit is decreed in favor of the plaintiff, entitling him to recover the advance amount with interest and costs from the defendant.
Judgment Favored
Plaintiff
Relief Granted
The plaintiff is entitled to realize an amount of ₹8,00,000 with 6% interest from the date of the suit until the date of realization and the costs of the suit.
Case Type
Civil Suit
Final Judgment
No
The suit is decreed in favor of the plaintiff, entitling him to recover the advance amount with interest and costs from the defendant.
Why Plaintiff Won:
The defendant failed to execute the sale deed despite receiving the advance payment, thus breaching the contract.
Losing Side's Weaknesses:
The defendant failed to execute the sale deed despite receiving the advance payment, thus breaching the contract.
Supporting Evidence
The original sale agreement between PW1 and the defendant...both parties have no case that such a document was not executed by them.

Judgment Evidence:

In the result; the suit is decreed as follows: (a) The plaintiff is entitled to realize an amount of ₹8,00,000/- (Rupees Eight Lakhs only) with 6% interest from the date of the suit until the date of realization from the defendant and his assets.

Parties Involved

Parties

Party Role
Plaintiff
Party Name
Adil M. Haneef
Party Age
39
Relation
S/o
Party Role
Defendant
Party Name
Sebastian David
Party Age
59
Relation
S/o
Plaintiffs Documents
Original Sale agreement, Copy of the legal notice, Postal receipt, Acknowledgment card, Copy of the Google Pay transactions, Copy of the account statement.
Defendants Documents

Advocates

Party Role
Plaintiff
Advocate Name
Sri. M. Anil Kumar
Appearance Type
Main Counsel
Party Role
Plaintiff
Advocate Name
Sri.Anoop. A
Appearance Type
Assisting Counsel
Party Role
Plaintiff
Advocate Name
Sri.Shiju.S
Appearance Type
Assisting Counsel
Party Role
Plaintiff
Advocate Name
Sri.Muhammed Nadeem
Appearance Type
Assisting Counsel
Party Role
Plaintiff
Advocate Name
Smt.Aswathy Rajendran.P.R
Appearance Type
Assisting Counsel
Party Role
Defendant
Advocate Name
Sri. T.A. Harisankar
Appearance Type
Main Counsel
Party Role
Defendant
Advocate Name
V.S. Bindhu
Appearance Type
Assisting Counsel

Reliefs

Relief Type: Recovery
Outcome: Granted
Description:
The plaintiff is entitled to realize an amount of ₹8,00,000/- with 6% interest from the date of the suit until the date of realization.
Evidence:
The plaintiff is entitled to realize an amount of ₹8,00,000/- (Rupees Eight Lakhs only) with 6% interest from the date of the suit until the date of realization from the defendant and his assets.
Relief Type: Costs
Outcome: Granted
Description:
The plaintiff is entitled to realize the costs of this suit from the defendant and his assets.
Evidence:
The plaintiff is also entitled to realise the costs of this suit from the defendant and his assets.

Documents & Evidence

Document Type: Original Sale Agreement
Submitted By: Plaintiff
Relevance:
This document reflects a concluded contract, where the defendant is bound to sell the property and the plaintiff is bound to purchase it.
Reference:
Ext.A1
Document Type: Original notice
Submitted By: Plaintiff
Relevance:
This document shows the defendant admitted the execution of Ext.A1 and the receipt of advance amount.
Reference:
Ext.A2
Document Type: Copy of the legal notice
Submitted By: Plaintiff
Relevance:
This document is a legal notice demanding repayment of the advance amount with interest.
Reference:
Ext.A3
Document Type: Postal receipt
Submitted By: Plaintiff
Relevance:
This document serves as proof of sending the legal notice.
Reference:
Ext.A4
Document Type: Acknowledgment card
Submitted By: Plaintiff
Relevance:
This document serves as proof of receipt of the legal notice.
Reference:
Ext.A5
Document Type: Copy of the Google Pay transaction
Submitted By: Plaintiff
Relevance:
This document shows the transaction details for the payment made towards the property sale.
Reference:
Ext.A6
Document Type: Copy of the Google Pay transaction
Submitted By: Plaintiff
Relevance:
This document shows the transaction details for the payment made towards the property sale.
Reference:
Ext.A7
Document Type: Copy of the Google Pay transaction
Submitted By: Plaintiff
Relevance:
This document shows the transaction details for the payment made towards the property sale.
Reference:
Ext.A8
Document Type: Copy of the account statement
Submitted By: Plaintiff
Relevance:
This document provides an account statement supporting the payment claims made by the plaintiff.
Reference:
Ext.A9

Case Classification

Case Type
Civil Suit
Category
Other Civil Cases
District
Thiruvananthapuram
State
Kerala
Court Establishment
Munsiff Court Thiruvananthapuram
Common Reasons
Case Code
OS.NO.
Case Code Year
2021

Quick Facts

Location
Thiruvananthapuram
District
Thiruvananthapuram
State
Kerala
Court Establishment
Munsiff Court Thiruvananthapuram
Case Filed
Wed, 02/10/2021 - 12:00
Case Closed
From
Sat, 03/01/2025 - 12:00
To
Mon, 03/31/2025 - 12:00
Outcome Confidence
90%

Involved Entities

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