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
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.
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.
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