Case Summary
Hellen Joseph is the plaintiff seeking to recover an advance payment made to Joji Thomas for the purchase of land. The defendant contends that the agreement was never valid as the proper payments were not made.
Judgment Outcome
Judgment Favored
Defendant
Relief Granted
Case Type
Civil Suit
Final Judgment
No
Both O.S. 36/2021 and O.S. 44/2021 have been dismissed with costs.
Key Reasoning:
The plaintiffs failed to provide sufficient evidence that the advance payments were made as claimed.
The plaintiffs failed to provide sufficient evidence that the advance payments were made as claimed.
Why Defendant Won:
Not available
Not available
Supporting Evidence
The plaintiffs in O.S 36/2021 failed to prove that she deposited Rs.6 lakhs to the account of defendant as an advance amount as stipulated in Ext.A1.
Judgment Evidence:
In the result, O.S 44/2021 and O.S 36/2021 are dismissed with costs.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Hellen Joseph
- Party Age
- 66
- Relation
- D/o
- Party Role
- Plaintiff
- Party Name
- Reena Thomas
- Party Age
- 46
- Relation
- W/o
- Party Role
- Plaintiff
- Party Name
- Dona Maria Thomas
- Party Age
- 17
- Party Role
- Plaintiff
- Party Name
- Tom Thomas
- Party Age
- 13
- Party Role
- Plaintiff
- Party Name
- Diona Thomas
- Party Age
- 10
- Party Role
- Defendant
- Party Name
- Joji Thomas
- Party Age
- 53
- Relation
- S/o
Plaintiffs Documents
29.08.2018 Agreement executed between Hellen Thomas and Joji Thomas, Pass book of Hellen Joseph having Account No.11330100042884 issued by Federal Bank Ponkunnam, 29.08.2018 Agreement executed between Subash Thomas and Joji Thomas.
Defendants Documents
Photocopy and pay in slip issued by State Bank of India.
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Soni Thomas
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- John Zachariah
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Arya Surendran
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- George Kurian
- Appearance Type
- Main Counsel
Documents & Evidence
Document Type:
Agreement
Submitted By:
Plaintiff
Relevance:
Executed agreement between Hellen Joseph and Joji Thomas regarding the sale of property.
Reference:
Ext.A1
Document Type:
Passbook
Submitted By:
Plaintiff
Relevance:
Shows bank account information of Hellen Joseph related to the transfer of money.
Reference:
Ext.A2
Document Type:
Agreement
Submitted By:
Plaintiff
Relevance:
Executed agreement between Subash Thomas and Joji Thomas regarding the sale of property.
Reference:
Ext.A3
Document Type:
Pay-in Slip
Submitted By:
Defendant
Relevance:
Shows evidence of amount credited to Joji Thomas's account.
Reference:
Ext.B1
Document Type:
Pay-in Slip
Submitted By:
Defendant
Relevance:
Shows evidence of another amount credited to Joji Thomas's account.
Reference:
Ext.B2
Document Type:
Loan Agreement
Submitted By:
Defendant
Relevance:
Photocopy of the loan agreement executed between Joji Thomas and Subash Thomas.
Reference:
Ext.B3
Document Type:
Statement of Account
Submitted By:
Unknown
Relevance:
Account statement of Joji Thomas from SBI, which provides financial history related to the case.
Reference:
Ext.X1
Document Type:
Certificate
Submitted By:
Unknown
Relevance:
Certificate under the Banker's Book Evidence Act 1891.
Reference:
Ext.X1(a)
Document Type:
Account Opening Application
Submitted By:
Unknown
Relevance:
Copy of Joji Thomas's account opening application.
Reference:
Ext.X1(b)
Document Type:
Statement of Account
Submitted By:
Unknown
Relevance:
Account statement of Joji Thomas from SBI.
Reference:
Ext.X2
Document Type:
Account Opening Form
Submitted By:
Unknown
Relevance:
Copy of Joji Thomas's account opening form.
Reference:
Ext.X2(a)
Document Type:
Certificate
Submitted By:
Unknown
Relevance:
Certificate under the Bankers Book of Evidence Act 1891.
Reference:
Ext.X2(b)
Document Type:
Cheque
Submitted By:
Unknown
Relevance:
Copy of a cheque worth Rs.6 Lakhs issued in favor of Joji Thomas.
Reference:
Ext.X3
Document Type:
Certificate
Submitted By:
Unknown
Relevance:
Certificate under the Banker's Book Evidence Act 1891.
Reference:
Ext.X3(a)
Document Type:
Pay in Slip
Submitted By:
Unknown
Relevance:
Copy of another pay in slip issued by State Bank of India.
Reference:
Ext.X4
Document Type:
Certificate
Submitted By:
Unknown
Relevance:
Certificate under the Banker's Book Evidence Act 1891.
Reference:
Ext.X4(a)
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Kottayam
State
Kerala
Court Establishment
Munsiff Court Kanjirappally
Common Reasons
Case Code
O.S.
Case Code Year
2021
Case Flags
Cheque-Related Case
Nature of Cheque Case
Cheque Dishonour