Case Summary
Beeran Kutty filed a suit against Abdul Rasheed seeking to realize Rs.2,00,000 with interest, based on an agreement for the sale of property that was not executed as promised.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Realization of Rs.2,00,000 with 6% annual interest
Case Type
Realization of Money - Civil Suit
Final Judgment
No
The court decreed the suit in favor of the plaintiff, allowing the realization of Rs.2,00,000 with 6% interest per annum from 11.4.2013.
Why Plaintiff Won:
Plaintiff succeeded in proving the existence of the agreement, payment of advance consideration, and defendant's failure to fulfill the terms of the agreement.
Plaintiff succeeded in proving the existence of the agreement, payment of advance consideration, and defendant's failure to fulfill the terms of the agreement.
Losing Side's Weaknesses:
Plaintiff succeeded in proving the existence of the agreement, payment of advance consideration, and defendant's failure to fulfill the terms of the agreement.
Plaintiff succeeded in proving the existence of the agreement, payment of advance consideration, and defendant's failure to fulfill the terms of the agreement.
Supporting Evidence
Since the defendant admitted execution of Ext. A1 agreement, the burden is on the defendant to prove that the amount was received by Aboobacker from the plaintiff as contended by him.
Judgment Evidence:
In the result, the suit is decreed as follows: 1. Plaintiff is allowed to realise an amount of Rs.2,00,000/- with interest at the rate of 6 % per annum from 11.4.2013 till realization from the defendant and his assets. 2. Plaintiff is entitled to realise the cost of the suit from the defendant.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Beeran Kutty
- Party Age
- 65
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Abdul Rasheed
- Party Age
- 36
- Relation
- S/o
Plaintiffs Documents
Copy of Sale Agreement dated 11-04-2013, Jenm Assignment Deed No.402/2012
Defendants Documents
Copy of First Information Report dated 3-10-2013
Advocates
Reliefs
Relief Type:
Monetary Relief
Outcome:
Granted
Description:
Realization of Rs.2,00,000 with 6% annual interest
Evidence:
The court decreed the suit in favor of the plaintiff, allowing the realization of Rs.2,00,000 with 6% interest per annum from 11.4.2013.
Documents & Evidence
Document Type:
Copy of Sale Agreement
Submitted By:
Plaintiff
Relevance:
Proof of the agreement for the sale of property
Reference:
A1
Document Type:
Jenm Assignment Deed
Submitted By:
Plaintiff
Relevance:
Supporting document for ownership transfer
Reference:
A2
Document Type:
Copy of First Information Report
Submitted By:
Defendant
Relevance:
Documentation related to a legal complaint
Reference:
B1
Case Classification
Case Type
Realization of Money - Civil Suit
Category
Money and Loan Recovery
District
Malappuram
State
Kerala
Court Establishment
Munsiff Court, Tirur / Rent Control Court
Common Reasons
Breached Sale Agreement
Case Code
Case between Beeran Kutty vs Abdul Rasheed regarding realisation of money
Case Code Year
Case between Beeran Kutty vs Abdul Rasheed regarding realisation of money