Case Summary
The case involves Madhu John as the Plaintiff and Balabhadran as the Defendant regarding a suit for money. The Plaintiff claims that the Defendant failed to return an advance payment made for a property sale agreement, while the Defendant denies the allegations and claims the documents are fabricated.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Defendant shall pay Rs. 5,20,000/- along with interest @9% per annum and costs of the suit.
Case Type
Civil Suit
Final Judgment
No
The court found in favor of the Plaintiff and decreed the suit. The Defendant was ordered to pay the Plaintiff Rs. 5,20,000/- along with interest and costs.
Why Plaintiff Won:
The court found sufficient evidence of the execution of the promissory note and agreement for sale.
The court found sufficient evidence of the execution of the promissory note and agreement for sale.
Losing Side's Weaknesses:
The court found sufficient evidence of the execution of the promissory note and agreement for sale.
The court found sufficient evidence of the execution of the promissory note and agreement for sale.
Supporting Evidence
The plaintiff has established his initial burden of proving the execution of Ext. A4, since neither Ext A3 or A4 are documents requiring compulsory execution and deposition by a person who has seen the execution of the documents is sufficient for adducing proof as to the same.
Judgment Evidence:
In the result, the suit is decreed as follow. 1) The defendant shall pay Rs. 5,20,000/- to the defendant along with interest @9% per annum from 10/02/2017 the date of 19/12/2019, the date of issuance of demand notice by the plaintiff and in default of paying the same the plaintiff shall be entitled to recover the amount with post-decretal interest @ 6% per annum.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Madhu John
- Party Age
- 43
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Balabhadran
- Party Age
- 48
- Relation
- S/o
Plaintiffs Documents
Photocopy of sale deed no. 3081/07, Photocopy of sale deed no. 3082/07, Agreement executed in favour of the plaintiff, Promissory note, Lawyer notice issued to the defendant
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- T.R.S.Kumar
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- K.Rajan
- Appearance Type
- Assisting Counsel
- Party Role
- Plaintiff
- Advocate Name
- Abhilash Augustine
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- K.R.Revathy
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sreekala K.S
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- M.M.Vinod
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
The plaintiff is entitled to recover ₹5,20,000/- along with interest.
Evidence:
The defendant shall pay ₹5,20,000/- to the defendant along with interest @9% per annum from 10/02/2017.
Relief Type:
Costs
Outcome:
Granted
Description:
Plaintiff is entitled to costs of the suit.
Evidence:
Plaintiff shall also be entitled for costs of the suit.
Documents & Evidence
Document Type:
Photocopy of Sale deed
Submitted By:
Plaintiff
Relevance:
This document was submitted to prove ownership of the property in question.
Reference:
Ext.A1
Document Type:
Photocopy of Sale deed
Submitted By:
Plaintiff
Relevance:
This document was provided as evidence of the title of the property.
Reference:
Ext.A2
Document Type:
Agreement executed in favour of the plaintiff
Submitted By:
Plaintiff
Relevance:
This agreement forms the basis of the plaintiff's claim for the return of the advance payment.
Reference:
Ext.A3
Document Type:
Promissory Note
Submitted By:
Plaintiff
Relevance:
This note acknowledges the defendant's liability to return the advance amount.
Reference:
Ext.A4
Document Type:
Lawyer notice issued to the defendant
Submitted By:
Plaintiff
Relevance:
This notice demonstrates the plaintiff's formal demand for the repayment of the advance amount.
Reference:
Ext.A5
Document Type:
Oral Evidence
Submitted By:
Unknown
Relevance:
Testimonies by witnesses were provided during the hearings.
Reference:
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 Madhu John vs Balabhadran regarding suit for money
Case Code Year
Case between Madhu John vs Balabhadran regarding suit for money