Case Summary
The case involves the plaintiff, Amitha V.P, who is seeking to recover money from the defendants, Cherian Mathew and Izzet Realtors. The plaintiff made an advance payment for a property but the defendants failed to execute the sale deed and did not return the advance amount.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The plaintiff is allowed to recover Rs. 5,48,000 together with interest at the rate of 9% and Rs. 50,000 as compensation.
Case Type
Civil Suit
Final Judgment
No
Why Plaintiff Won:
The plaintiff proved the averments in the plaint through unrebutted evidence.
The plaintiff proved the averments in the plaint through unrebutted evidence.
Judgment Evidence:
In the result, suit is decreed as follows: The plaintiff is allowed to recover Rs. 5,48,000 together with interest at the rate of 9% for the principle amount of Rs. 4,50,000.
Parties Involved
Plaintiffs
Amitha @ Amitha V.P (29 years)
Door No. XI/99 (Old No. X/52 Z), River Nest, Irumpanam P.O, Thiruvamkulam Village, Ernakulam District, Pin 682 309
Defendants
Cherian Mathew (29 years)
No. 4C, Asset Luminaire, Cheruparambath Road, Kadavanthra, Ernakulam District, Pin 682 020
M/s. Izzet Realtors (Age not specified years)
No. F-115, Pioneer Towers, Shanmugham Road, Marine Drive, Ernakulam, Pin 682 031
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
The plaintiff is allowed to recover Rs.5,48,000 along with interest.
Evidence:
The plaintiff is allowed to recover Rs.5,48,000/(Rupees Five lakhs Forty Eight thousand only) together with interest at the rate of 9% for the principle amount of Rs.4,50,000/(Rupees Four lakhs Fifty thousand only) per annum from the date of suit till the date of decree, and thereafter @ 6% per annum from the date of decree till entire realization in full from the defendants and their assets.
Relief Type:
Damages
Outcome:
Granted
Description:
The plaintiff is allowed to recover Rs.50,000 as compensation.
Evidence:
The plaintiff is allowed to recover Rs.50,000/(Rupees Fifty thousand only) as compensation from the defendants and their assets.
Relief Type:
Other
Outcome:
Granted
Description:
The plaintiff is also entitled to the costs of the suit.
Evidence:
The plaintiff is also entitled to get the costs of the suit from the defendants.
Documents & Evidence
Document Type:
Sale Agreement
Submitted By:
Plaintiff
Relevance:
This document was essential in proving the plaintiff's claims regarding the advance payment and the sale agreement terms.
Reference:
Ext.A1