Case Summary
Ibrahim Kutty filed a suit against Jafar Koya Thangal for realization of money related to an agreement for sale of property. The defendant failed to repay the advance amount after withdrawing from the agreement.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The Plaintiff is entitled to realise an amount of Rs.2,18,000/- (Rupees Two Lakhs Eighteen Thousand only) together with interest at the rate of 9% 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.
Case Type
Civil Suit
Final Judgment
No
The court decreed the suit in favor of the plaintiff, allowing him to realize the amount of Rs. 2,18,000 along with interest and costs.
Why Plaintiff Won:
The evidence of the plaintiff and documents proved the plaint claim.
The evidence of the plaintiff and documents proved the plaint claim.
Losing Side's Weaknesses:
The evidence of the plaintiff and documents proved the plaint claim.
The evidence of the plaintiff and documents proved the plaint claim.
Supporting Evidence
The evidence of PW1, and Exts.A1 to A3 would substantiate the plaint claim. There is no contra evidence to prove otherwise.
Judgment Evidence:
In the result, the suit is decreed with costs as follows: The Plaintiff is entitled to realise an amount of Rs.2,18,000/- (Rupees Two Lakhs Eighteen Thousand only) together with interest at the rate of 9% 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, for the principal amount from the defendant and his assets, with costs.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Ibrahim Kutty
- Party Age
- 57
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Jafar Koya Thangal
- Party Age
- 41
- Relation
- S/o
Plaintiffs Documents
Agreement for Sale, Legal Notice, Postal Receipt
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Ajith.A.Khader
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Jasmine.M.
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
The plaintiff is entitled to realize an amount of Rs.2,18,000/- from the defendant.
Evidence:
The Plaintiff is entitled to realise an amount of Rs.2,18,000/- (Rupees Two Lakhs Eighteen Thousand only) together with interest at the rate of 9% 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.
Documents & Evidence
Document Type:
Agreement for sale
Submitted By:
Plaintiff
Relevance:
The plaintiff provided this agreement to demonstrate the terms under which the defendant was to sell the property.
Reference:
Ext.A1
Document Type:
Legal Notice
Submitted By:
Plaintiff
Relevance:
This legal notice was issued by the plaintiff to demand repayment from the defendant.
Reference:
Ext.A2
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
This postal receipt serves as evidence of the legal notice sent by the plaintiff.
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 Ibrahim Kutty vs Jafar Koya Thangal regarding Realisation of Money
Case Code Year
Case between Ibrahim Kutty vs Jafar Koya Thangal regarding Realisation of Money