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ORIGINAL SUIT No. 64 OF 2015

Case between Hassan vs Kunhimuhammed regarding recovery of advance sale consideration.

Court
IN THE COURT OF THE MUNSIFF OF TIRUR
Judge
Sri. JANKISH NARAYANAN
Order Date
2019-07-30
Duration
Case Closed

Judgement document from eCourt website

Judgment Document
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Case Summary

This case involves a suit for the return of an advance payment made for a property purchase. The plaintiff, Hassan, claims to have paid Rs. 4,00,000 as an advance for a property deal, which the defendant, Kunhimuhammed, allegedly failed to honor.

Judgment Outcome

Plaintiff Won
Interim Order
The court decreed the suit in favor of the plaintiff, ordering the defendant to refund the advance amount along with applicable interest.
Judgment Favored
Plaintiff
Relief Granted
The plaintiff is entitled to recover Rs. 4,00,000/- with interest of 6% per annum from the date of suit till realization.
Case Type
Civil Suit
Final Judgment
No
The court decreed the suit in favor of the plaintiff, ordering the defendant to refund the advance amount along with applicable interest.
Why Plaintiff Won:
The plaintiff proved that the agreement was duly executed and established his right to refund the advance paid.
Losing Side's Weaknesses:
The plaintiff proved that the agreement was duly executed and established his right to refund the advance paid.
Supporting Evidence
The plaintiff has proved that Ext. A1 agreement is duly executed. It has further proved that the plaintiff has paid Rs. 4,00,000/- to the defendant as an advance sale consideration.

Judgment Evidence:

In the result, the suit is decreed as follows: (I)The plaintiff is entitled to recover Rs. 4,00,000/- (Four Lakh only) from the defendant with interest of 6% per annum thereon from the date of suit till realization.

Parties Involved

Parties

Party Role
Plaintiff
Party Name
Hassan
Party Age
45
Relation
S/o
Party Role
Defendant
Party Name
Kunhimuhammed
Party Age
48
Relation
S/o
Plaintiffs Documents
Sale Agreement dated; 15-11-2012
Defendants Documents

Advocates

Party Role
Plaintiff
Advocate Name
Sri.Dinesh Pookkayil
Appearance Type
Main Counsel
Party Role
Defendant
Advocate Name
Sri. T.R.Vijayan
Appearance Type
Main Counsel

Reliefs

Relief Type: Recovery
Outcome: Granted
Description:
Plaintiff is entitled to recover Rs. 4,00,000/- from the defendant with interest.
Evidence:
In the result, the suit is decreed as follows: (I)The plaintiff is entitled to recover Rs. 4,00,000/- (Four Lakh only) from the defendant with interest of 6% per annum thereon from the date of suit till realization.

Documents & Evidence

Document Type: Sale Agreement
Submitted By: Plaintiff
Relevance:
Document evidencing the agreement for sale under which the plaintiff paid an advance to the defendant.
Reference:
Ext.A1
Document Type: Commission Report
Submitted By: Court
Relevance:
Report submitted by the Advocate Commissioner assessing the value of the property.
Reference:
Ext.C1
Document Type: Commission Report
Submitted By: Court
Relevance:
A follow-up commission report by the Advocate Commissioner.
Reference:
Ext.C2
Document Type: Commission Plan
Submitted By: Court
Relevance:
Plan submitted by the Advocate Commissioner relevant to the property in question.
Reference:
Ext.C3

Case Classification

Case Type
Civil Suit
Category
Other Civil Cases
District
Malappuram
State
Kerala
Court Establishment
Munsiff Court, Tirur / Rent Control Court
Common Reasons
Case Code
Case between Hassan vs Kunhimuhammed regarding recovery of advance sale consideration.
Case Code Year
Case between Hassan vs Kunhimuhammed regarding recovery of advance sale consideration.

Quick Facts

Location
Tirur Taluk
District
Malappuram
State
Kerala
Court Establishment
Munsiff Court, Tirur / Rent Control Court
Case Filed
Case Closed
From
Mon, 07/01/2019 - 12:00
To
Wed, 07/31/2019 - 12:00
Outcome Confidence
90%

Involved Entities

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