Case Summary
Akhil Thomas filed a suit against Santal Paul and Mini Vijayan for the realization of money related to an agreement for property transfer that was not executed. The plaintiff claims to have paid ₹3 Lakhs as advance, but the defendants failed to fulfill their obligations under the agreement.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
₹3,00,000/- with 12% interest per annum till realization
Case Type
Civil Suit
Final Judgment
No
The court found in favor of the plaintiff and ordered the defendants to pay ₹3 Lakhs along with interest and costs.
Why Plaintiff Won:
The plaintiff proved the existence of agreements and the defendants' liability to return the advance payment.
The plaintiff proved the existence of agreements and the defendants' liability to return the advance payment.
Losing Side's Weaknesses:
The plaintiff proved the existence of agreements and the defendants' liability to return the advance payment.
The plaintiff proved the existence of agreements and the defendants' liability to return the advance payment.
Supporting Evidence
The plaintiff proved that the existence of agreements and the defendants' refusal to execute those agreements led to his claim for realization of money.
Judgment Evidence:
In the result, the suit is decreed as follows: 1The plaintiff is entitled to realize ₹3,00,000/- (Rupees Three Lakhs only) as on the date of suit, thereafter interest at the rate of 12% per annum for the amount of ₹3,00,000/- till the date of decree and thereafter at the rate of 6% per annum for the amount of ₹3,00,000/- from the date of decree till realization of the amount from the defendants 1 and 2 and their assets.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Akhil Thomas
- Party Age
- 27
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Santal Paul
- Party Age
- 47
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Mini vijayan
- Party Age
- 35
- Relation
- W/o
Plaintiffs Documents
Original Agreement dated 31.08.2021, Photocopy of Agreement dated 31.08.2021, Photocopy of Agreement dated 15.12.2020, Office copy of Lawyer's notice dated 06.01.2022.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Saju Thomas
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- A.K. Kuriakose
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
The plaintiff is entitled to recover ₹3,00,000 along with interest from the defendants.
Evidence:
In the result, the suit is decreed as follows: The plaintiff is entitled to realize ₹3,00,000/- (Rupees Three Lakhs only) as on the date of suit, thereafter interest at the rate of 12% per annum for the amount of ₹3,00,000/- till the date of decree.
Relief Type:
Costs
Outcome:
Granted
Description:
The plaintiff is entitled to recover the costs of the suit from the defendants.
Evidence:
The plaintiff is also entitled to recover the costs of the suit from the defendants 1 and 2 and their assets.
Documents & Evidence
Document Type:
Original agreement
Submitted By:
Plaintiff
Relevance:
This document evidences the agreement between the plaintiff and the 1st defendant for the sale of property.
Reference:
Ext.A1
Document Type:
Photocopy of Agreement
Submitted By:
Plaintiff
Relevance:
This is a photocopy of the agreement dated 31.08.2021 between plaintiff and 2nd defendant.
Reference:
Ext.A2
Document Type:
Photocopy of Agreement
Submitted By:
Plaintiff
Relevance:
This is a photocopy of the agreement dated 15.12.2020 between the 1st and 2nd defendants.
Reference:
Ext.A3
Document Type:
Lawyer's Notice
Submitted By:
Plaintiff
Relevance:
A notice sent by the plaintiff to both defendants demanding the return of the advance payment.
Reference:
Ext.A4
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
Postal receipt corresponding to the lawyer's notice sent to the defendants.
Reference:
Ext.A5
Document Type:
A D Card
Submitted By:
Plaintiff
Relevance:
Acknowledgment card showing that the 2nd defendant received the lawyer's notice.
Reference:
Ext.A6(a)
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Kottayam
State
Kerala
Court Establishment
Munsiff Court Kanjirappally
Common Reasons
Case Code
O.S.
Case Code Year
2022