Case Summary
C A Joseph, the plaintiff, is seeking recovery of money from the defendant Babu due to a breach of an agreement in which Babu was to sell property to Joseph. The defendant has not appeared in court and is set as ex-parte.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The plaintiff is entitled to realize ₹2,66,200 with 12% interest as on the date of suit.
Case Type
Civil Suit
Final Judgment
No
The court decreed that the plaintiff is entitled to recover ₹2,66,200 with interest from the defendant due to the latter's failure to execute the sale deed as agreed.
Why Plaintiff Won:
The plaintiff provided sufficient evidence of the agreement and the defendant’s failure to fulfill the contract.
The plaintiff provided sufficient evidence of the agreement and the defendant’s failure to fulfill the contract.
Losing Side's Weaknesses:
The plaintiff provided sufficient evidence of the agreement and the defendant’s failure to fulfill the contract.
The plaintiff provided sufficient evidence of the agreement and the defendant’s failure to fulfill the contract.
Supporting Evidence
Proof affidavit of PW1 shows that defendant neither executed sale deed in favour of plaintiff as per Ext A1 nor returned the advance sale consideration received by him on the date of agreement.
Judgment Evidence:
In the result, the suit is decreed as follows: 1The plaintiff is entitled to realize ₹2,66,200/- (Rupees Two Lakhs Sixty Six Thousand and Two Hundred only) with 12% interest as on the date of suit.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- C A Joseph
- Party Age
- 56
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Babu
- Party Age
- 50
- Relation
- S/o
Plaintiffs Documents
Ext.A1: Agreement between Babu and C A Joseph; Ext.A2: Office copy of Lawyer’s notice; Ext.A3: Postal Receipt.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Soni Thomas
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- John Zachariah
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff is entitled to realize ₹2,66,200/- with interest from the defendant.
Evidence:
In the result, the suit is decreed as follows: 1The plaintiff is entitled to realize ₹2,66,200/- (Rupees Two Lakhs Sixty Six Thousand and Two Hundred only) with 12% interest as on the date of suit.
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff is entitled to get interest on ₹2,20,000/- from the date of suit till the date of decree.
Evidence:
He is also entitled to get interest at the rate of 12% per annum on ₹2,20,000/- from the date of suit till the date of decree.
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff is entitled to realize the costs of the suit from the defendant.
Evidence:
The plaintiff is also entitled to realize the costs of the suit from the defendant.
Documents & Evidence
Document Type:
Sale Agreement
Submitted By:
Plaintiff
Relevance:
Original sale agreement executed between plaintiff and defendant.
Reference:
Ext.A1
Document Type:
Lawyer's Notice
Submitted By:
Plaintiff
Relevance:
Copy of lawyer's notice issued to the defendant demanding the advance amount.
Reference:
Ext.A2
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
Postal receipt related to the lawyer's notice.
Reference:
Ext.A3
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Kottayam
State
Kerala
Court Establishment
Munsiff Court Kanjirappally
Common Reasons
Non-payment of rent
Case Code
O.S
Case Code Year
2025
Case Flags
Cheque-Related Case
Nature of Cheque Case
Cheque issued towards legally enforceable debt