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
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
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.
Why Plaintiff Won:
The defendant failed to fulfill the terms of the agreement and did not provide the necessary documents as required.
The defendant failed to fulfill the terms of the agreement and did not provide the necessary documents as required.
Losing Side's Weaknesses:
The defendant failed to fulfill the terms of the agreement and did not provide the necessary documents as required.
The defendant failed to fulfill the terms of the agreement and did not provide the necessary documents as required.
Supporting Evidence
The case advanced by the PW1 is that the defendant has failed to fulfill the terms of the Ext.A1 agreement, despite having received advance amount of 5,00,000/- and a total amount of ₹1,00,000/- thereafter, thereby receiving a grand total of ₹6,00,000/- from the plaintiff.
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
Parties
- Party Role
- Plaintiff
- Party Name
- Manu S.K
- Party Age
- 31
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Narayanankutty
- Party Age
- 75
- Relation
- S/o
Plaintiffs Documents
Agreement for Sale dated 27.08.2016, Lawyer Notice dated 07.02.2017, Reply Notice dated 28.03.2017
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Jose Abraham
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- V. L Shenoy
- Appearance Type
- Main Counsel
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
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 Manu S.K vs Narayanankutty regarding recovery of money
Case Code Year
Case between Manu S.K vs Narayanankutty regarding recovery of money