Case Summary
The plaintiff, K.P. Shaliban, is a contractor who seeks realization of money from the defendant, Bharathkumar, due to an agreement for the sale of property. The plaintiff claims that after paying an advance, the defendant unilaterally withdrew from the contract despite assurances to return the advance with interest.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Defendant shall pay Rs.2,23,000/- with interest and costs of the suit.
Case Type
Civil Suit
Final Judgment
No
The court concluded that the plaintiff is entitled to realize the amount of Rs.2,23,000 from the defendant due to an agreement that was founded on valid conditions.
Why Plaintiff Won:
The plaintiff successfully established the case based on the agreement and evidence presented.
The plaintiff successfully established the case based on the agreement and evidence presented.
Losing Side's Weaknesses:
The plaintiff successfully established the case based on the agreement and evidence presented.
The plaintiff successfully established the case based on the agreement and evidence presented.
Supporting Evidence
On an overall appreciation of the facts and evidence of the case, I am satisfied that plaintiffs have succeeded in establishing the case and is entitled for a decree for realization of Rs.2,23,000.
Judgment Evidence:
In the result, the suit is decreed as follows: 1) Defendant shall pay Rs.2,23,000/- (Rupees Two lakhs twenty three thousand only) with interest 12% per annum from the date of suit till the date of decree and 6% from the date of decree till payment or realization, as the case may be, to the plaintiffs.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- K.P. Shaliban
- Party Age
- 52
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Bharathkumar
- Party Age
- 56
- Relation
- S/o
Plaintiffs Documents
Agreement for sale of right of way dated 23.06.2014, Notice issued from Thripunithura Municipality.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Manu Roy
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Bindu.K.N
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- Ajith George
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Alok Raj
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff sought recovery of Rs.2,23,000/- with interest from the defendant.
Evidence:
On an overall appreciation of the facts and evidence of the case, I am satisfied that plaintiffs have succeeded in establishing the case and is entitled for a decree for realization of Rs.2,23,000.
Relief Type:
Costs
Outcome:
Granted
Description:
Plaintiff is entitled to realize the costs of the suit from the defendant.
Evidence:
Considering the facts and circumstances of the case as plaintiff is entitled for a decree, he is also entitled for the costs of the proceedings from defendant.
Documents & Evidence
Document Type:
Agreement for sale of right of way
Submitted By:
Plaintiff
Relevance:
This document is the basis for the plaintiff's claim of advance payment for the sale of property.
Reference:
Ext.A1
Document Type:
Notice issued from Thripunithura Municipality under Right to Information Act, 2005
Submitted By:
Plaintiff
Relevance:
This document was produced to establish the timeline of the construction and the cause of action for the suit.
Reference:
Ext.A2
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Common Reasons
Case Code
Case between K.P. Shaliban vs Bharathkumar regarding realization of money
Case Code Year
Case between K.P. Shaliban vs Bharathkumar regarding realization of money
Case Flags
Cheque-Related Case
Nature of Cheque Case
Cheque issued towards legally enforceable debt