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O.S. No. 132/2019

Case between Manu S.K vs Narayanankutty regarding recovery of money

Court
COURT OF THE PRINCIPAL MUNSIFF, ERNAKULAM
Judge
Rohit Nandakumar
Order Date
2024-07-01
Duration
approximately-7 years 11 months

Judgement document from eCourt website

Open judgment PDF (eCourt)
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Case Summary

The plaintiff, Manu S.K, is a bank employee who sought to purchase a property from the defendant, Narayanankutty, after paying an advance of ₹6,00,000. However, the defendant failed to provide the necessary documents for the sale, leading the plaintiff to withdraw from the agreement and seek a refund.

Judgment Outcome

Plaintiff Won
Interim Order
The court found in favor of the plaintiff, ordering the defendant to pay back the ₹6,00,000 advance amount with interest. The defendant was also directed to pay costs of the suit.
Judgment Favored
Plaintiff
Relief Granted
The defendant is directed to pay to the plaintiff a total amount of ₹6,00,000 with interest at the rate of 6% per annum from the date of institution of the suit.
Case Type
Civil Suit
Final Judgment
No
Why Plaintiff Won:
The defendant failed to fulfill the terms of the agreement and did not provide the necessary documents as required.

Judgment Evidence:

In the result, the suit is decreed with costs as follows: I. The defendant is directed to pay to the plaintiff a total amount of ₹6,00,000 with interest at the rate of 6% per annum from the date of institution of the suit, till its realisation from the defendant and his assets.

Parties Involved

Plaintiffs

Manu S.K (31 years years) Madhu Bhavan, Kesavanpady, Thiruvankulam Village, Kanayannur Taluk, Ernakulam District

Defendants

Narayanankutty (about 75 years years) Elanjikkara House, Karikkode Desam, Mulamthuruthy Village, Kanayannur Taluk, Ernakulam District

Reliefs

Relief Type: Recovery
Outcome: Granted
Description:
The plaintiff is entitled to recover ₹6,00,000 from the defendant with interest.
Evidence:
The Court held that the plaintiff is entitled to receive back 6,00,000/- with interest from the defendant.
Relief Type: Costs
Outcome: Granted
Description:
Plaintiff is entitled to costs of the suit from the defendant.
Evidence:
In view of the findings on the issue Nos.I and II, plaintiff is entitled to realise costs of the suit from the defendant.

Documents & Evidence

Document Type: Agreement for sale
Submitted By: Plaintiff
Relevance:
This document details the agreement between the plaintiff and defendant for the sale of the property.
Reference:
Ext.A1
Document Type: Lawyer Notice
Submitted By: Plaintiff
Relevance:
This notice was issued by the defendant to demand compliance with the terms of the agreement.
Reference:
Ext.A2
Document Type: Reply Notice
Submitted By: Plaintiff
Relevance:
This notice was sent by the plaintiff in response to the defendant's notice regarding the agreement.
Reference:
Ext.A3
Document Type: Office copy of the lawyer notice
Submitted By: Plaintiff
Relevance:
This is an office copy of another notice sent by the plaintiff to the defendant.
Reference:
Ext.A5
Document Type: Postal Acknowledgment Card
Submitted By: Plaintiff
Relevance:
This card serves as proof of sending the notice.
Reference:
Ext.A4
Document Type: Postal Acknowledgment Card
Submitted By: Plaintiff
Relevance:
This card serves as another proof of sending a notice.
Reference:
Ext.A6

Quick Facts

Location
Ernakulam
Case Filed
Sat, 08/27/2016 - 12:00
Outcome Confidence
95%

Involved Entities

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