Case Summary
Joseph K Cherian filed a suit against Hency T and Binsy V for recovery of Rs. 2,27,165/- for construction work done under a contract with their late husband/father, Viju Thankappan. The defendants denied the allegations of any contract and alleged fraud.
Judgment Outcome
Judgment Favored
Defendant
Relief Granted
Case Type
Civil Suit
Final Judgment
No
The suit is dismissed as the plaintiff failed to establish his case regarding the alleged contract for construction work with the deceased Viju Thankappan. The court found contradictions and insufficient evidence presented by the plaintiff.
Key Reasoning:
The defendants successfully rebutted the plaintiff's claims and proved that there was no agreement.
The defendants successfully rebutted the plaintiff's claims and proved that there was no agreement.
Why Defendant Won:
The defendants successfully rebutted the plaintiff's claims and proved that there was no agreement.
The defendants successfully rebutted the plaintiff's claims and proved that there was no agreement.
Supporting Evidence
It can be informed that the deceased Viju Thankappan decided to construct a building in the plaint schedule property. However, it is not discernible whether the work was done by the plaintiff. Even if the work was done, there is no evidence to show that the deceased Viju Thankappan had failed to make payment.
Judgment Evidence:
In the result, The suit is dismissed.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Joseph K Cherian
- Party Age
- 45
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Hency T
- Party Age
- 44
- Relation
- W/o Late Thankappan
- Party Role
- Defendant
- Party Name
- Binsy V
- Party Age
- 23
- Relation
- D/o Late Viju Thankappan
Plaintiffs Documents
Lawyers Notice, Reply Legal Notice, Certified copy of Sale Deed no. 821/1/20, Site Approval and Building Permit, Work Details, Copy of PAN Card, Copy of Site Plan, Copy of Building Plan, Copy of Estimate, Tax Invoice and Bill, Electrical and Sanitary Estimate, Tax Invoice and Bill, Cash Receipt from S & S Agencies, Cash Voucher from Oliviya Construction.
Defendants Documents
Medical Records from Sri. Viju Thankappan, Site Approval and Building Permit no. A3BA(333449)/2021, Pan Card from Viju T Thankappan.
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Joseph Chandy
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sajan A Varghese
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Rejected
Description:
Plaintiff sought to recover Rs.2,27,165/- with interest from the defendants.
Evidence:
In the above circumstances it can be held that the plaintiff has failed to establish his case. Hence the plaintiff is not entitled to the relief claimed for in the plaint.
Relief Type:
Permanent Injunction
Outcome:
Rejected
Description:
The plaintiff requested to restrain the defendants from alienating the property.
Evidence:
Hence the plaintiff is not entitled to the relief claimed for in the plaint.
Documents & Evidence
Document Type:
Lawyers notice
Submitted By:
Plaintiff
Relevance:
This document was used to demonstrate the notification sent to the defendants regarding the claim.
Reference:
Ext.A2
Document Type:
Reply Legal Notice
Submitted By:
Plaintiff
Relevance:
This reply was presented to counter the defendants' response to the legal notice.
Reference:
Ext.A3
Document Type:
Certified copy of Sale Deed
Submitted By:
Plaintiff
Relevance:
This deed served as proof related to the ownership of the property in question.
Reference:
Ext.A4
Document Type:
Site Approval and Building Permit
Submitted By:
Plaintiff
Relevance:
This approval document was cited to establish legal permission for construction.
Reference:
Ext.A5
Document Type:
Work Details
Submitted By:
Plaintiff
Relevance:
This document provided details about the work completed for the construction.
Reference:
Ext.A6
Document Type:
Copy of PAN Card
Submitted By:
Plaintiff
Relevance:
This document was used to verify the identity of the deceased.
Reference:
Ext.A7
Document Type:
Copy of Site plan
Submitted By:
Plaintiff
Relevance:
This plan was referred to for the structural design of the building.
Reference:
Ext.A8
Document Type:
Copy of Building Plan
Submitted By:
Plaintiff
Relevance:
This document illustrated the architectural layout intended for the construction.
Reference:
Ext.A9
Document Type:
Copy of Estimate
Submitted By:
Plaintiff
Relevance:
This estimate outlined the anticipated costs for the construction project.
Reference:
Ext.A10
Document Type:
Tax Invoice and Bill
Submitted By:
Plaintiff
Relevance:
These invoices detailed the payments and expenditures related to the construction.
Reference:
Ext.A11(a to f)
Document Type:
Electrical and Sanitary Estimate
Submitted By:
Plaintiff
Relevance:
These estimates described additional costs incurred for electrical and plumbing work.
Reference:
Ext.A12(a to c)
Document Type:
Tax Invoice and Bill
Submitted By:
Plaintiff
Relevance:
These bills further supported the claim of expenditures tied to the construction.
Reference:
Ext.A13(a to b)
Document Type:
Bill
Submitted By:
Plaintiff
Relevance:
These bills were submitted to substantiate claims of expenditures during construction.
Reference:
Ext.A14(a to c)
Document Type:
Cash Receipt from S & S Agencies
Submitted By:
Plaintiff
Relevance:
These receipts confirmed payments made for the construction services.
Reference:
Ext.A15(a to d)
Document Type:
Cash Voucher from Oliviya Construction
Submitted By:
Plaintiff
Relevance:
These vouchers recorded transactions related to construction activities.
Reference:
Ext.A16(a to c)
Document Type:
Medical Records from Sri. Viju Thankappan
Submitted By:
Defendant
Relevance:
This medical record was presented to argue against the contractual capacity of the deceased.
Reference:
Ext.B1
Document Type:
Site Approval and Building Permit
Submitted By:
Defendant
Relevance:
This document was used for establishing the property's legal compliance.
Reference:
Ext.B2
Document Type:
Pan Card from Viju T Thankappan
Submitted By:
Defendant
Relevance:
This document verified the identity of the deceased individual.
Reference:
Ext.B3
Document Type:
Commission Report
Submitted By:
Court
Relevance:
This report provided an overview of the physical state of the property in question.
Reference:
Ext.C1
Document Type:
Expert Report
Submitted By:
Court
Relevance:
This report included expert insights regarding the construction related issues.
Reference:
Ext.C2
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Kottayam
State
Kerala
Court Establishment
Munsiff Court, Kottayam
Common Reasons
Case Code
Case between Joseph K Cherian vs Hency T et al regarding recovery of money.
Case Code Year
Case between Joseph K Cherian vs Hency T et al regarding recovery of money.