Case Summary
The plaintiff, Gayathri Devi. M, filed a suit against the defendants David. D and Sudha. D for the recovery of an advance payment made for a property sale that was not completed. The defendants failed to refund the advance despite assurances.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The plaintiff is entitled to realise an amount of Rs.5,00,000 together with interest at the rate of 12% per annum.
Case Type
Civil Suit
Final Judgment
No
The court ruled in favor of the plaintiff, ordering the defendants to pay the plaintiff Rs. 5,00,000 with interest as per the agreement.
Why Plaintiff Won:
The evidence clearly establishes that the defendants are indebted to the plaintiff and no contra evidence was presented.
The evidence clearly establishes that the defendants are indebted to the plaintiff and no contra evidence was presented.
Losing Side's Weaknesses:
The evidence clearly establishes that the defendants are indebted to the plaintiff and no contra evidence was presented.
The evidence clearly establishes that the defendants are indebted to the plaintiff and no contra evidence was presented.
Supporting Evidence
The evidence of PW1, along with Exts. A1 to A3 documents clearly establishes that the plaintiff was ready and willing to perform her part of the contract and to have the sale deed executed in her favour.
Judgment Evidence:
In the result, the suit is decreed as follows: The plaintiff is entitled to realise an amount of Rs.5,00,000 (Rupees Five Lakhs only) together with interest at the rate of 12% per annum from the date of suit till the date of decree, and at the rate of 6% per annum from the date of decree till realisation, from the defendants and their assets, with costs.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Gayathri Devi. M
- Party Age
- 44
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- David. D
- Party Age
- 68
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Sudha. D
- Party Age
- 50
- Relation
- W/o
Plaintiffs Documents
A1 15/10/2023 Sale agreement, A2 29/05/2025 Copy of legal notice, A3 29/05/2025 Postal receipts
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- V. Ram Mohan
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff's claim to recover Rs. 5,00,000/- with interest from the defendants.
Evidence:
The plaintiff is entitled to realise an amount of Rs.5,00,000/- (Rupees Five Lakhs only) together with interest at the rate of 12% per annum from the date of suit till the date of decree.
Documents & Evidence
Document Type:
Sale Agreement
Submitted By:
Plaintiff
Relevance:
Establishes the agreement between the plaintiff and defendants for the sale of property.
Reference:
Ext.A1
Document Type:
Legal Notice
Submitted By:
Plaintiff
Relevance:
Serves as evidence of the plaintiff's demand for repayment of the advance amount.
Reference:
Ext.A2
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
Confirms the sending of the legal notice to the defendants.
Reference:
Ext.A3
Case Classification
Case Type
Civil Suit
Category
Money and Loan Recovery
District
Kollam
State
Kerala
Court Establishment
Munsiff Court Kollam
Common Reasons
Non-payment of rent
Case Code
Case between Gayathri Devi. M vs David. D, Sudha. D regarding realisation of money.
Case Code Year
Case between Gayathri Devi. M vs David. D, Sudha. D regarding realisation of money.