Case Summary
Gopinathan Pillai, president of Vettiyar Sree Bhadra Devi Temple, seeks to recover Rs. 6,80,000 from M.K.Sundaran Pillai due to a failed agreement to sell teak trees. The plaintiff alleges that he was compelled to purchase all the trees when the defendant refused to sell only a few.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Rs. 6,80,000 with interest at the rate of 12% per annum till realization
Case Type
Civil Suit
Final Judgment
No
The court decreed in favor of the plaintiff, ordering the defendant to pay Rs. 6,80,000 with interest at the rate of 12% per annum until realization.
Why Plaintiff Won:
The plaintiff successfully proved the existence of an agreement and payment made to the defendant.
The plaintiff successfully proved the existence of an agreement and payment made to the defendant.
Losing Side's Weaknesses:
The plaintiff successfully proved the existence of an agreement and payment made to the defendant.
The plaintiff successfully proved the existence of an agreement and payment made to the defendant.
Supporting Evidence
The plaintiff has successfully proved his case through the depositions of PW1 to PW3 and Exts.A1 to A6 documents.
Judgment Evidence:
In the result, the suit is decreed as follows: The plaintiff is entitled to realise an amount of Rs. 6,80,000/- with interest at the rate of 12% per annum for the principal amount, compounded with monthly rests from the date of suit till the date of decree and at the rate of 6% per annum from the date of decree till the realisation, from the defendant and his assets, with costs.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Gopinathan Pillai
- Party Age
- 47
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- M.K.Sundaran Pillai
- Party Age
- 58
- Relation
- S/o
Plaintiffs Documents
True copy of Agreement, Office copy of Legal Notice, Postal Receipt, Copy of complaint filed before the Assistant Commissioner of Police, Kollam, Minutes Book of Vettiyar Sree Bhadra Devi Temple, Copy of Judgment in WP(C) No. 13198/2016
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- V. Sugathan
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- R. Geetha
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- B.L.Prasanth
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
The plaintiff is entitled to recover an amount of Rs. 6,80,000/- with interest.
Evidence:
The suit is decreed as follows: The plaintiff is entitled to realise an amount of Rs. 6,80,000/- (Rupees Six Lakh Eighty Thousand only) with interest at the rate of 12% per annum for the principal amount, compounded with monthly rests from the date of suit till the date of decree and at the rate of 6% per annum from the date of decree till the realisation, from the defendant and his assets, with costs.
Relief Type:
Costs
Outcome:
Granted
Description:
The costs of the suit are awarded to the plaintiff.
Evidence:
Hence, there is no reason to deviate from the rule 'costs shall follow the event'. This issue is also answered in favour of the plaintiff.
Documents & Evidence
Document Type:
Agreement
Submitted By:
Plaintiff
Relevance:
A true copy of the agreement was presented to substantiate the claims of the plaintiff regarding the advance payment and contract for the purchase of trees.
Reference:
Ext.A1
Document Type:
Legal Notice
Submitted By:
Plaintiff
Relevance:
The office copy of the legal notice served to the defendant demanding repayment was used to demonstrate the attempts made by the plaintiff to reclaim the advance amount.
Reference:
Ext.A2
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
The postal receipt evidencing the mailing of the legal notice was shown to establish proof of communication with the defendant.
Reference:
Ext.A3
Document Type:
Complaint
Submitted By:
Plaintiff
Relevance:
The copy of the complaint filed before the Assistant Commissioner of Police, Kollam, was presented to validate the plaintiff's claims about police involvement.
Reference:
Ext.A4
Document Type:
Minutes Book
Submitted By:
Plaintiff
Relevance:
The minutes book of the Vettiyar Sree Bhadra Devi Temple recorded decisions supporting the claims made by the plaintiff regarding the purchase of timber.
Reference:
Ext.A5
Document Type:
Judgment
Submitted By:
Plaintiff
Relevance:
The copy of the judgment in WP(C) No. 13198/2016 provided background on the legal issues involving the property and helped substantiate the plaintiff's claims.
Reference:
Ext.A6
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Kollam
State
Kerala
Court Establishment
Munsiff Court Kollam
Common Reasons
Non-payment of rent
Case Code
Case between Gopinathan Pillai vs M.K.Sundaran Pillai regarding Realisation of Money
Case Code Year
Case between Gopinathan Pillai vs M.K.Sundaran Pillai regarding Realisation of Money