Case Summary
The plaintiffs, Ajith.R. Raj and Sajith.R.Raj, are seeking recovery of an advance amount in a property sale agreement due to the defendant's failure to perform his obligations. The defendant, Ragesh, has denied the allegations, claiming the plaintiffs were not ready to fulfill their part of the agreement.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Amount of 5,45,658/- with interest at 6% per annum.
Case Type
Civil Suit
Final Judgment
No
The suit is decreed. The defendant is directed to pay the plaintiffs an amount of 5,45,658/- with interest.
Why Plaintiff Won:
The defendant improperly declined to perform his part of the agreement.
The defendant improperly declined to perform his part of the agreement.
Losing Side's Weaknesses:
The defendant improperly declined to perform his part of the agreement.
The defendant improperly declined to perform his part of the agreement.
Supporting Evidence
The case advanced by the plaintiffs is that the defendant, after having entered into an agreement with the plaintiffs to have sold the plaint schedule property... the evidence and the discussion made above, it can only be reasonably assumed that the defendant has improperly declined to perform his part of the agreement dated 27.06.2019.
Judgment Evidence:
In the result, the suit is decreed as follows: The defendant is directed to pay to the plaintiff an amount of 5,45,658/-...
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Ajith.R. Raj
- Party Age
- 41
- Relation
- S/o
- Party Role
- Plaintiff
- Party Name
- Sajith.R.Raj
- Party Age
- 37
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Ragesh
- Party Age
- 42
- Relation
- S/o
Plaintiffs Documents
Agreement for sale dated 27.06.2019, Computer print out of statement of account.
Defendants Documents
Cheque bearing No.677307, Cheque return memo, Legal Heirship Certificate, Possession Certificate, Location Plan Certificate, Encumbrance Certificates, Sketch.
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Zakir Hussain
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Bharath Senan
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Mohammad Siyad
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
The plaintiffs are entitled to recover the advance sale consideration paid.
Evidence:
The defendant has no right to keep the amount with him.
Relief Type:
Interest
Outcome:
Granted
Description:
The plaintiffs are entitled to interest on the advance amount at the rate of 6% per annum.
Evidence:
It is an admitted fact that 5 lakhs rupees had been received and had been enjoyed by the defendant.
Relief Type:
Damages
Outcome:
Rejected
Description:
The plaintiffs sought compensation for pain and mental agony but it was not proved.
Evidence:
There is no pleading as regards the damage that is suffered by the plaintiff.
Documents & Evidence
Document Type:
Agreement for sale
Submitted By:
Plaintiff
Relevance:
This document outlines the terms under which the plaintiffs agreed to purchase the property from the defendant.
Reference:
Ext.A1
Document Type:
Computer print out of statement of account for the period from 01.06.2019 to 30.06.2019
Submitted By:
Plaintiff
Relevance:
This document is a computer printout which is subject to proof regarding the transaction.
Reference:
Ext.A2
Document Type:
Cheque bearing No.677307
Submitted By:
Defendant
Relevance:
This cheque was issued by the plaintiffs as a further advance payment which was later dishonored.
Reference:
Ext.B1
Document Type:
Cheque Return Memo
Submitted By:
Defendant
Relevance:
This document is a return memo for the dishonored cheque which is subject to proof.
Reference:
Ext.B2
Document Type:
Legal heirship certificate
Submitted By:
Defendant
Relevance:
This certificate establishes the legal heirs relevant to the case.
Reference:
Ext.B3
Document Type:
Possession Certificate
Submitted By:
Defendant
Relevance:
This certificate verifies the possession status of the plaint schedule property.
Reference:
Ext.B4
Document Type:
Location Plan Certificate
Submitted By:
Defendant
Relevance:
This document provides a location plan of the property in question.
Reference:
Ext.B5
Document Type:
Encumbrance certificate
Submitted By:
Defendant
Relevance:
This certificate shows the encumbrance history relevant to the plaint schedule property.
Reference:
Ext.B6
Document Type:
Encumbrance certificate
Submitted By:
Defendant
Relevance:
This is an additional encumbrance certificate for the property that adds context to the legal standing.
Reference:
Ext.B6(a)
Document Type:
Sketch
Submitted By:
Defendant
Relevance:
This is a sketch prepared by the Taluk surveyor regarding the plaint schedule property.
Reference:
Ext.B7
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Common Reasons
Recovery of money
Case Code
Case between Ajith.R. Raj et al vs Ragesh regarding recovery of money and compensation.
Case Code Year
Case between Ajith.R. Raj et al vs Ragesh regarding recovery of money and compensation.
Case Flags
Cheque-Related Case
Nature of Cheque Case
Cheque dishonour