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
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.
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
Plaintiffs
K.P. Shaliban (52 years)
VI/200 C, 5th Lane, Gasari Nagar, Eroor, Tripunithura – 683 306
Defendants
Bharathkumar (56 years)
Koyambilly House, Gasari Nagar, Eroor, Tripunithura – 683 306
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