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O.S No. 778/2021

Case between Eliyamma vs Mini regarding recovery of money

Court
I Additional Munsiff Court
Judge
Sri. Padmakumar.G.
Order Date
2024-02-29
Duration
approximately-3 years 6 months

Judgement document from eCourt website

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Case Summary

Eliyamma filed a suit against Mini for recovery of Rs. 6 lakhs as the defendant failed to fulfill the terms of a sale agreement for property. The plaintiff claims a total of Rs. 6 lakhs with interest due to the defendant's negligence.

Judgment Outcome

Plaintiff Won
Interim Order
The court decreed the suit, directing the defendant to pay Rs. 6 lakhs with interest to the plaintiff. The plaintiff is also entitled to the costs of the suit.
Judgment Favored
Plaintiff
Relief Granted
Defendant to pay Rs. 6 lakhs with 10% interest from the date of suit till decree.
Case Type
Civil Suit
Final Judgment
No
Why Plaintiff Won:
The unchallenged proof affidavit and documents satisfactorily proved the plaint claim.

Judgment Evidence:

In the result, the suit is decreed directing the defendant to pay an amount of Rs.6,00,000/-(Rupees Six lakhs only) with 10% future interest per annum from the date of suit (ie, from 04.10.2023) till the date of decree.

Parties Involved

Plaintiffs

Eliyamma (67 years years) Thottungal house, Pynangalapara, Thalakodu P.O, Near Chottanikkara, Kanayannur village, Kanayannur Taluk, Ernakulam District – 682 314

Defendants

Mini (51 years years) Mudakkody Thundiyil house, Pambra Desom, Maneedu village, Kanayannur Taluk, Ernakulam District – 682 308

Reliefs

Relief Type: Recovery
Outcome: Granted
Description:
The plaintiff is directed to recover an amount of Rs.6,00,000/- with interest from the defendant.
Evidence:
The suit is decreed directing the defendant to pay an amount of Rs.6,00,000/-(Rupees Six lakhs only) with 10% future interest per annum from the date of suit (ie, from 04.10.2023) till the date of decree.
Relief Type: Other
Outcome: Granted
Description:
The plaintiff is entitled to the costs of the suit.
Evidence:
The plaintiff is entitled to costs of the suit.

Documents & Evidence

Document Type: Original sale agreement for sale
Submitted By: Plaintiff
Relevance:
The agreement for sale executed between plaintiff and defendant supports the plaintiff's claim for recovery of money.
Reference:
Ext.A1
Document Type: Copy of the lawyer notice
Submitted By: Plaintiff
Relevance:
The notice issued by the plaintiff to the defendant demanding the return of the advance amount establishes the plaintiff's claim.
Reference:
Ext.A2
Document Type: Original of the reply notice
Submitted By: Plaintiff
Relevance:
The reply notice from the defendant acknowledges her inability to comply with the terms of the agreement.
Reference:
Ext.A3

Quick Facts

Location
Ernakulam
Case Filed
Tue, 07/27/2021 - 12:00
Outcome Confidence
90%

Involved Entities

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