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O.S No. 1451/2016

Case between Jayasree Santhosh vs Sajamma et al regarding recovery of money

Court
COURT OF THE MUNSIFF, ERNAKULAM
Judge
Sri. Nanda Krishna M.
Order Date
2024-12-12
Duration
approximately-10 years 4 months
Case Closed
Thu, 12/12/2024 - 12:00

Judgement document from eCourt website

Judgment Document
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Case Summary

The plaintiff, Jayasree Santhosh, is seeking to recover an advance amount of ₹6,00,000 from her sisters, the defendants, who allegedly breached an agreement to sell land. The defendants are accused of selling the property to a third party despite agreeing to sell it to the plaintiff.

Judgment Outcome

Plaintiff Won
Interim Order
The court decreed the suit, directing the defendants to pay the plaintiff the advance amount of ₹6,00,000 with interest. The defendants are further liable for costs of litigation.
Judgment Favored
Plaintiff
Relief Granted
Defendant to pay ₹6,00,000 with 9% interest per annum
Case Type
Civil Suit
Final Judgment
No
The court decreed the suit, directing the defendants to pay the plaintiff the advance amount of ₹6,00,000 with interest. The defendants are further liable for costs of litigation.
Why Plaintiff Won:
The plaintiff presented unchallenged evidence and proof of payment of the advance amount, thereby establishing her claim.
Losing Side's Weaknesses:
The plaintiff presented unchallenged evidence and proof of payment of the advance amount, thereby establishing her claim.
Supporting Evidence
The unchallenged proof affidavit and documents would satisfactorily prove the plaint claim.

Judgment Evidence:

In the result, the suit is decreed directing the defendant to pay an amount of ₹6,00,000 (Rupees Six Lakhs only) with 9% interest per annum from the date of suit till the date of decree.

Parties Involved

Parties

Party Role
Plaintiff
Party Name
Jayasree Santhosh
Party Age
44
Relation
W/o
Party Role
Defendant
Party Name
Sajamma
Party Age
52
Relation
W/o
Party Role
Defendant
Party Name
Rajamma
Party Age
50
Relation
W/o
Party Role
Defendant
Party Name
Seema Mahesh
Party Age
41
Relation
W/o
Plaintiffs Documents
Sale Agreement executed between the plaintiff and the defendants.
Defendants Documents
Nil

Advocates

Party Role
Plaintiff
Advocate Name
K.R.Vinod
Appearance Type
Main Counsel
Party Role
Plaintiff
Advocate Name
M.S.Letha
Appearance Type
Main Counsel
Party Role
Plaintiff
Advocate Name
Jency Suson Jose
Appearance Type
Main Counsel
Party Role
Plaintiff
Advocate Name
Srinath V
Appearance Type
Main Counsel
Party Role
Plaintiff
Advocate Name
Vimal Dev D
Appearance Type
Main Counsel
Party Role
Plaintiff
Advocate Name
Sreerekha K.S
Appearance Type
Main Counsel
Party Role
Defendant
Advocate Name
Ashok Kumar P.R
Appearance Type
Main Counsel

Reliefs

Relief Type: Recovery
Outcome: Granted
Description:
The court directed the defendant to pay the plaintiff an amount of 6,00,000/- with interest.
Evidence:
The suit is decreed directing the defendant to pay an amount of 6,00,000/- (Rupees Six Lakhs only) with 9% interest per annum from the date of suit till the date of decree.
Relief Type: Cost
Outcome: Granted
Description:
The plaintiff is entitled to the costs of the litigation.
Evidence:
The plaintiff is also entitled to the costs of the litigation.

Documents & Evidence

Document Type: Sale Agreement
Submitted By: Plaintiff
Relevance:
This document serves as the basis for the plaintiff's claim regarding the agreement for sale and the advance payment made.
Reference:
Ext.A1
Document Type: Examination Report
Submitted By: Court
Relevance:
This report was marked as evidence to support the court's evaluation of the claims made.
Reference:
Ext.X1

Case Classification

Case Type
Civil Suit
Category
Other Civil Cases
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Common Reasons
Recovery of money
Case Code
Case between Jayasree Santhosh vs Sajamma et al regarding recovery of money
Case Code Year
Case between Jayasree Santhosh vs Sajamma et al regarding recovery of money

Quick Facts

Location
Ernakulam
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Case Filed
Tue, 08/05/2014 - 12:00
Case Closed
Thu, 12/12/2024 - 12:00
From
Sun, 12/01/2024 - 12:00
To
Tue, 12/31/2024 - 12:00
Outcome Confidence
90%

Involved Entities

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