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
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.
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
Plaintiffs
Aswas S.S (39 years years)
A7, HIG, G.C.D.A, Karshaka Road, Kadavanthra, Kochi – 682 020
Defendants
Aldi Preman L.A (65 years years)
1/48 A, LenthaparambilHose, Cheranalloor P.O, Cheranalloor kara, Cheranallor village, Kannyannur taluk, Ernakulam District, Pin – 682 024
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