Case Summary
Kurian Antony is the plaintiff who alleges that he entered into an agreement with the defendants for the sale of property. The defendants failed to comply with the agreement terms and subsequently did not return the advance payment.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
₹10,00,000/- (Rupees Ten Lakhs only) as the amount due and interest at the rate of 12% per annum until realization.
Case Type
Civil Suit
Final Judgment
No
The court decreed the suit in favor of the plaintiff, allowing him to recover ₹10 Lakhs with interest from the defendants, who were found liable as legal heirs.
Why Plaintiff Won:
The plaintiff proved the execution of the agreement and the advance payment made.
The plaintiff proved the execution of the agreement and the advance payment made.
Losing Side's Weaknesses:
The plaintiff proved the execution of the agreement and the advance payment made.
The plaintiff proved the execution of the agreement and the advance payment made.
Supporting Evidence
Plaintiff's evidence and documentation were consistent, credible, and corroborated by witnesses, showing that the defendants executed the agreement and received the advance amount.
Judgment Evidence:
In the result, the suit is decreed as follows: The plaintiff is entitled to realize ₹10,00,000/- (Rupees Ten Lakhs only) as on the date of suit, thereafter interest at the rate of 12% per annum for the amount of ₹10,00,000/- till the date of decree and thereafter at the rate of 6% per annum for the amount of ₹10,00,000/- from the date of decree till realization of the amount from the 2nd defendant and Addl. defendants 3 and 4.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Kurian Antony
- Party Age
- 56
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Joseph Thomas @ Thampi Kannanthanam
- Party Age
- 68
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Mariyamma @ Mariyam K. Joseph
- Party Age
- 61
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Aiswarya
- Party Age
- 26
- Relation
- D/o
- Party Role
- Defendant
- Party Name
- Angel
- Party Age
- 24
- Relation
- D/o
Plaintiffs Documents
Sale agreement executed on 26.07.2018, lawyer's notice dated 08.08.2018, postal receipts, tax receipts, location sketch, encumbrance certificates.
Defendants Documents
Affidavit regarding damage of passport, loan application, gazette notification, original passport.
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Alex J. Edackattu
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- George Kurian
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- K.S. Ninan
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
The plaintiff is entitled to recover ₹10 Lakhs as per the agreement
Evidence:
the suit is decreed as follows: 1The plaintiff is entitled to realize ₹10,00,000/- (Rupees Ten Lakhs only) as on the date of suit, thereafter interest at the rate of 12% per annum for the amount of ₹10,00,000/- till the date of decree
Relief Type:
Costs
Outcome:
Granted
Description:
The plaintiff is entitled to recover the costs of the suit from the defendants.
Evidence:
The plaintiff is also entitled to recover the costs of the suit from the defendants 2 to 4 and their assets.
Documents & Evidence
Document Type:
Sale Agreement
Submitted By:
Plaintiff
Relevance:
This document evidences the agreement between the plaintiff and defendants for the sale of property.
Reference:
Ext.A1
Document Type:
Lawyers notice
Submitted By:
Plaintiff
Relevance:
This notice was issued to the defendants demanding compliance with the agreement terms.
Reference:
Ext.A2
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
This is proof of delivery of the notice to the defendants.
Reference:
Ext.A3
Document Type:
AD card
Submitted By:
Plaintiff
Relevance:
This card evidences the acknowledgment of receipt of the notice by the defendants.
Reference:
Ext.A4
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
This sale deed is related to the property involved in the agreement.
Reference:
Ext.A5
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
This sale deed is also related to the property involved in the agreement.
Reference:
Ext.A6
Document Type:
Tax receipt
Submitted By:
Plaintiff
Relevance:
This document is a tax receipt evidencing the ownership of the property.
Reference:
Ext.A7
Document Type:
Tax receipt
Submitted By:
Plaintiff
Relevance:
This is another tax receipt that supports the plaintiff's claim.
Reference:
Ext.A8
Document Type:
Location Sketch
Submitted By:
Plaintiff
Relevance:
This sketch shows the location of the property involved in the case.
Reference:
Ext.A9
Document Type:
Encumbrance certificate
Submitted By:
Plaintiff
Relevance:
This certificate certifies the status of the property regarding any encumbrances.
Reference:
Ext.A10
Document Type:
Encumbrance certificate
Submitted By:
Plaintiff
Relevance:
This is another certificate that supports the ownership of the property.
Reference:
Ext.A11
Document Type:
Reply letter
Submitted By:
Defendant
Relevance:
This letter contains the defendants' response regarding the agreement.
Reference:
Ext.B1
Document Type:
Specimen Signature
Submitted By:
Defendant
Relevance:
This document is used to compare the signatures of the 2nd defendant.
Reference:
Ext.B2
Document Type:
Affidavit
Submitted By:
Defendant
Relevance:
This affidavit provides context regarding the defendant's passport situation.
Reference:
Ext.B3
Document Type:
Loan Application
Submitted By:
Defendant
Relevance:
This application is connected to the financial dealings of the defendants.
Reference:
Ext.B4
Document Type:
Gazette notification
Submitted By:
Defendant
Relevance:
This notification is relevant to the name change of the 2nd defendant.
Reference:
Ext.B5
Document Type:
Original Passport
Submitted By:
Defendant
Relevance:
This document serves to establish identity and signature details of the 2nd defendant.
Reference:
Ext.B6
Document Type:
Examination Report
Submitted By:
Court
Relevance:
This report is from the forensic laboratory regarding the signature comparison.
Reference:
Ext.C1
Document Type:
Partnership Agreement
Submitted By:
Unknown
Relevance:
This agreement is mentioned but its relevance is unclear.
Reference:
Ext.X1
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Kottayam
State
Kerala
Court Establishment
Munsiff Court Kanjirappally
Common Reasons
Non-payment of rent
Case Code
O.S.
Case Code Year
2018