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O.S. 36/2021

Case between Hellen Joseph vs Joji Thomas regarding realisation of money

Court
COURT OF THE MUNSIFF, KANJIRAPPALLY
Judge
Smt. Smitha Susan Mathew
Order Date
2025-03-29
Duration
approximately-3 years 7 months
Case Code No.
36
Case Closed

Judgement document from eCourt website

Judgment Document
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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

Defendant Won
Interim Order
Both O.S. 36/2021 and O.S. 44/2021 have been dismissed with costs.
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.
Why Defendant Won:
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

Quick Facts

Location
Kottayam District, Kerala
District
Kottayam
State
Kerala
Court Establishment
Munsiff Court Kanjirappally
Case Filed
Case Closed
From
Sat, 03/01/2025 - 12:00
To
Wed, 04/30/2025 - 12:00
Outcome Confidence
90%

Involved Entities

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