Case Summary
C K Suresh Babu, the plaintiff, entered into a building contract with Dino P A, the defendant, for construction work on his property. The plaintiff alleges illegal excavations and theft of materials by the defendant, leading to a dispute over payments and property rights.
Judgment Outcome
Judgment Favored
Partial
Relief Granted
Defendant is directed to pay an amount of Rs.20180.25/- with 12% interest from date of suit till date of decree.
Case Type
Civil Suit
Final Judgment
No
The suit is decreed partly, ordering the defendant to pay the plaintiff a specified amount for overpayment, while the counterclaim of the defendant for damages is also partly allowed.
Key Reasoning:
The court found that the defendant had misappropriated funds and concluded that the plaintiff was entitled to recover the overpayment.
The court found that the defendant had misappropriated funds and concluded that the plaintiff was entitled to recover the overpayment.
Losing Side's Weaknesses:
The court found that the defendant had misappropriated funds and concluded that the plaintiff was entitled to recover the overpayment.
The court found that the defendant had misappropriated funds and concluded that the plaintiff was entitled to recover the overpayment.
Supporting Evidence
The evaluator has clearly assessed the actual cost of basement construction carried out by the defendant amounts to Rs.3,35,601.27/-, calculated as per DSR 2018 and applicable index for Ernakulam District.
Judgment Evidence:
In the result, Suit is decreed partly with costs on the following terms. Defendant is directed to pay an amount of Rs.20180.25/- with 12% interest from date of suit till date of decree.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- C K Suresh Babu
- Party Age
- 50
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Dino P A
- Party Age
- 34
- Relation
- S/o
Plaintiffs Documents
Sale deed bearing no: 2499/2020 of Edappally SRO, Original Building Contract agreement, True copy of Complaint submitted before Elamakara Police Station.
Defendants Documents
Copy of FIR No: 0509/2021, Elamakara Police Station, Certified copy of Final report of Police filed before Hon’ble JFCM Court II, Aluva.
Advocates
- Party Role
- Plaintiff
- Advocate Name
- A Balagopalan
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Rajagopalan A
- Appearance Type
- Assisting Counsel
- Party Role
- Plaintiff
- Advocate Name
- M N Manmadan
- Appearance Type
- Assisting Counsel
- Party Role
- Plaintiff
- Advocate Name
- R Rajesh
- Appearance Type
- Assisting Counsel
- Party Role
- Plaintiff
- Advocate Name
- Asher Revi Job
- Appearance Type
- Assisting Counsel
- Party Role
- Plaintiff
- Advocate Name
- Sreedass K P
- Appearance Type
- Assisting Counsel
- Party Role
- Plaintiff
- Advocate Name
- Viswanath Salish
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- Joy K J
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Permanent Injunction
Outcome:
Refused
Description:
Plaintiff sought to restrain the defendant from entering and obstructing the premises.
Evidence:
Hence issue No.2 is found against plaintiff.
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff sought recovery of Rs. 69,305/- as principal amount.
Evidence:
Suit is decreed partly with costs on the following terms.
Relief Type:
Recovery
Outcome:
Partly Granted
Description:
Defendant's counter claim for Rs. 85,601/- for excess amount spent.
Evidence:
Counter claim is decreed partly with costs.
Documents & Evidence
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
Proves the plaintiff's ownership of the plaint schedule property.
Reference:
Ext.A1
Document Type:
Building Contract Agreement
Submitted By:
Plaintiff
Relevance:
Details the terms of construction agreement between the plaintiff and defendant.
Reference:
Ext.A2
Document Type:
Complaint
Submitted By:
Plaintiff
Relevance:
Documents the plaintiff's complaints lodged against the defendant.
Reference:
Ext.A3
Document Type:
Complaint
Submitted By:
Plaintiff
Relevance:
Illustrates the theft allegations against the defendant.
Reference:
Ext.A4
Document Type:
Notice
Submitted By:
Defendant
Relevance:
The defendant claims to have completed basement work and requests payment.
Reference:
Ext.A5
Document Type:
Reply Notice
Submitted By:
Plaintiff
Relevance:
The plaintiff's response terminating the contract.
Reference:
Ext.A6
Document Type:
Commission Report
Submitted By:
Unknown
Relevance:
Reports on the valuation and work done at the site.
Reference:
Ext.C1
Document Type:
Commission Reports and Photographs
Submitted By:
Court
Relevance:
Contains photographic evidence and further inspection reports.
Reference:
Ext.C2 series
Document Type:
Commission report and Photographs
Submitted By:
Court
Relevance:
Additional evidence related to the case from commissions.
Reference:
Ext.C3 series
Case Classification
Case Type
Civil Suit
Category
Property and Possession Disputes
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Common Reasons
Illegal excavation
Case Code
Case between C K Suresh Babu vs Dino P A regarding permanent prohibitory injunction and for realization of money.
Case Code Year
Case between C K Suresh Babu vs Dino P A regarding permanent prohibitory injunction and for realization of money.
Case Flags
Cheque-Related Case
Nature of Cheque Case
Cheque issued towards legally enforceable debt