Case Summary
James Netto filed a suit against Krishnankutty for the recovery of an advance amount of Rs.3,00,000/- paid for an agreement to purchase property. The plaintiff alleges that the defendant failed to provide necessary documents and thus breached the agreement.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The plaintiff is entitled to recover an amount of Rs.3,00,000/- with interest thereon @ 6% p.a. from the date of suit till the date of realisation.
Case Type
Civil Suit
Final Judgment
No
Why Plaintiff Won:
The plaintiff proved that the defendant breached the agreement by not providing the necessary documents for legal scrutiny.
The plaintiff proved that the defendant breached the agreement by not providing the necessary documents for legal scrutiny.
Judgment Evidence:
In the result, the suit is decreed as follows; 1.The plaintiff is entitled to recover an amount of Rs.3,00,000/- (Rupees Three Lakhs only) from the defendant with interest thereon @ 6% p.a. from the date of suit till the date of realisation.
Parties Involved
Plaintiffs
James Netto (64 years)
Chathankulangara House, Moolampilly, Moolampilly P.O., Kadamakkudy Village, Kanayannur Taluk, Ernakkulam Distict, Pin 682 027
Defendants
Krishnankutty (62 years)
Kudiliparambil House, Vattappara, Kaipattur P.O, Kaipattoor Village, Kanayannur Taluk, Ernakulam District, PIN-682 313
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Recovery of Rs.3,00,000/- from the defendant with interest.
Evidence:
The suit is decreed as follows; The plaintiff is entitled to recover an amount of Rs.3,00,000/- (Rupees Three Lakhs only) from the defendant with interest thereon @ 6% p.a. from the date of suit till the date of realisation.
Relief Type:
Costs
Outcome:
Granted
Description:
Entitlement to costs of the suit from the defendant.
Evidence:
The general rule is that costs shall follow the event. In this case this court find no reason to deviate from this rule.
Documents & Evidence
Document Type:
Original agreement for sale
Submitted By:
Plaintiff
Relevance:
The agreement for sale dated 01.02.2021 was essential to establish the plaintiff's claim for recovery of the advance amount.
Reference:
Ext.A1
Document Type:
Copy of Lawyer’s notice
Submitted By:
Plaintiff
Relevance:
The notice dated 25.01.2022 served as a formal request for the refund of the advance amount.
Reference:
Ext.A2
Document Type:
Reply Notice
Submitted By:
Plaintiff
Relevance:
Document served by the defendant as a response to the plaintiff's legal notice.
Reference:
Ext.A3
Document Type:
Statement of Bank account of plaintiff
Submitted By:
Plaintiff
Relevance:
Showed the transaction of Rs.3,00,000/- credited to the defendant's account.
Reference:
Ext.A4
Document Type:
Certificate under the Bankers Book Evidence Act
Submitted By:
Plaintiff
Relevance:
Provided certification related to the bank account transactions.
Reference:
Ext.A4(a)
Document Type:
Certified copy of Sale Deed
Submitted By:
Defendant
Relevance:
Document evidencing the defendant’s claim over the property.
Reference:
Ext.B1
Document Type:
Certified copy of Sale Deed
Submitted By:
Defendant
Relevance:
Document evidencing a previous sale concerning the property.
Reference:
Ext.B2
Document Type:
Certified copy of Sale Deed
Submitted By:
Defendant
Relevance:
Document evidencing a previous sale concerning the property.
Reference:
Ext.B3
Document Type:
Certified copy of Sale Deed
Submitted By:
Defendant
Relevance:
Document evidencing a previous sale concerning the property.
Reference:
Ext.B4
Document Type:
Certified copy of Sale Deed
Submitted By:
Defendant
Relevance:
Document evidencing a previous sale concerning the property.
Reference:
Ext.B5
Document Type:
Original Receipt
Submitted By:
Defendant
Relevance:
Receipt documenting the advance payment made by the plaintiff.
Reference:
Ext.B6
Document Type:
Original passbook
Submitted By:
Defendant
Relevance:
Showing the financial records of the defendant.
Reference:
Ext.B7
Document Type:
Certified copy of Sale Deed
Submitted By:
Defendant
Relevance:
Document evidencing a previous sale concerning the property.
Reference:
Ext.B8
Document Type:
Encumbrance certificate
Submitted By:
Defendant
Relevance:
Provided clarity on the status of the property concerning encumbrances.
Reference:
Ext.B9