Case Summary
The plaintiff, Aswas S.S, claims that he purchased land from the defendant, Aldi Preman, but the defendant failed to transfer the property correctly, leading to a dispute over money. The plaintiff seeks to recover payments made under the agreement.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Rs. 7,50,000 with 7% interest per annum from the date of suit till date of realization
Case Type
Civil Suit
Final Judgment
No
The court decreed in favor of the plaintiff, allowing him to recover Rs. 7,50,000 with 7% interest. The defendant's counterclaim was dismissed.
Why Plaintiff Won:
The defendant failed to perform his part of the agreement regarding the property transfer.
The defendant failed to perform his part of the agreement regarding the property transfer.
Losing Side's Weaknesses:
The defendant failed to perform his part of the agreement regarding the property transfer.
The defendant failed to perform his part of the agreement regarding the property transfer.
Supporting Evidence
The defendant has failed to perform his part of the agreement and did not take steps to have the property measured as stipulated.
Judgment Evidence:
In the result, the suit is decreed in favour of the plaintiff allowing the plaintiff to realize an amount of Rs. 7,50,000 with 7% interest per annum from the date of suit till date of realization.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Aswas S.S
- Party Age
- 39
- Party Role
- Defendant
- Party Name
- Aldi Preman L.A
- Party Age
- 65
Plaintiffs Documents
Original Agreement, Original FMP sketch from the office district Survey Superintendent, Copy of letter issued by defendant to plaintiff, Copy of reply notice, Lawyer notice, Copy of Bank Account details bearing account no. 10467133377.
Defendants Documents
Certified copy of document no 1819/20 of SRO, Ernakulam, Land identification details, Certified copy sale deed no 735/1983, Sketch of 0.73 ares sold by defendant to the plaintiff, Remaining portion of the 4.5 ares of defendant property sketch, Certificate of encumbrance of property, Land Tax Receipt, Certified copy of sale deed no. 1157/2019, Statement of Banking account bearing no. 6012731314.
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Antony Mathew
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Pearson S Fernandes
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff sought realization of Rs. 7,84,582/- with interest.
Evidence:
The suit decreed in favour of the plaintiff allowing the plaintiff to realize an amount of Rs.7,50000/- with 7% interest per annum from the date of suit till date of realization.
Relief Type:
Recovery
Outcome:
Rejected
Description:
Counter claim by the defendant for realization of Rs. 1,32,176/- with future interest.
Evidence:
The counter claim is dismissed.
Documents & Evidence
Document Type:
Original agreement
Submitted By:
Plaintiff
Relevance:
The original agreement related to the purchase of property.
Reference:
Ext.A1
Document Type:
Original FMP sketch from the office District Survey Superintendent, Ernakulam
Submitted By:
Plaintiff
Relevance:
Sketch obtained to measure the property.
Reference:
Ext.A2
Document Type:
Copy of letter issued by defendant to plaintiff
Submitted By:
Plaintiff
Relevance:
Defendant's communication to plaintiff regarding unreal facts.
Reference:
Ext.A3
Document Type:
Copy of Reply Notice
Submitted By:
Plaintiff
Relevance:
Plaintiff's response expressing readiness to perform agreement.
Reference:
Ext.A4
Document Type:
Lawyer Notice
Submitted By:
Plaintiff
Relevance:
Defendant's notice stating unreal facts.
Reference:
Ext.A5
Document Type:
Copy of Bank Account details
Submitted By:
Plaintiff
Relevance:
Shows the transaction details related to payments.
Reference:
Ext.A6
Document Type:
Certified copy of document
Submitted By:
Defendant
Relevance:
Document evidencing the sale deed related to the property.
Reference:
Ext.B1
Document Type:
Land identification details
Submitted By:
Defendant
Relevance:
Information detailing the land's identification.
Reference:
Ext.B2
Document Type:
Certified copy sale deed
Submitted By:
Defendant
Relevance:
Original sale deed related to defendant's property.
Reference:
Ext.B3
Document Type:
Sketch of 0.73 Ares sold by defendant to the plaintiff
Submitted By:
Defendant
Relevance:
Sketch showing the exact portions of land sold.
Reference:
Ext.B4
Document Type:
Remaining portion of the 4.5 ares of defendant property sketch
Submitted By:
Defendant
Relevance:
Sketch detailing the remainder of the property.
Reference:
Ext.B5
Document Type:
Certificate of encumbrance of property
Submitted By:
Defendant
Relevance:
Evidence regarding the encumbrance status of the property.
Reference:
Ext.B6
Document Type:
Land Tax Receipt
Submitted By:
Defendant
Relevance:
Receipt evidencing tax paid for the property.
Reference:
Ext.B7
Document Type:
Certified copy of Sale Deed
Submitted By:
Defendant
Relevance:
Sale deed of defendant's sister's property.
Reference:
Ext.B8
Document Type:
Statement of Banking account
Submitted By:
Defendant
Relevance:
Bank statement detailing the transactions.
Reference:
Ext.B9
Document Type:
Statement of Banking account
Submitted By:
Defendant
Relevance:
Additional statement evidencing bank transactions.
Reference:
Ext.B10
Case Classification
Case Type
Civil Suit
Category
Money and Loan Recovery
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Common Reasons
Case Code
Case between Aswas S.S vs Aldi Preman regarding realization of money
Case Code Year
Case between Aswas S.S vs Aldi Preman regarding realization of money