Case Summary
The plaintiff Midhun M.P. and the defendant Shihabdheen T.K. entered into several agreements regarding the sale of property. The plaintiff claims the defendant failed to execute the sale deed despite receiving advance payments.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Plaintiff is entitled to realize ₹2,10,000/- with interest.
Case Type
Civil Suit
Final Judgment
No
The court decreed that the plaintiff is entitled to realize ₹2,10,000/- along with applicable interest from the defendant.
Why Plaintiff Won:
The plaintiff provided sufficient evidence and the defendant did not rebut it.
The plaintiff provided sufficient evidence and the defendant did not rebut it.
Losing Side's Weaknesses:
Not available
Not available
Supporting Evidence
Defendant could not rebut the evidence produced by the plaintiff. Hence the court is of the view that the plaintiff is entitled for a decree for recovery of money.
Judgment Evidence:
In the result, the suit is decreed as follows: 1.The plaintiff is entitled to realize ₹2,10,000/- (Rupees Two lakh Ten Thousand only) as on the date of suit.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Midhun M.P.
- Party Age
- 26
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Shihabdheen T.K.
- Party Age
- 51
- Relation
- S/o
Plaintiffs Documents
Certified copy of Sale deed No. 1254/2023, Copy of Tax receipt Thandaper No. 5564, Sale agreement executed between Midhun M.P. and Shihabdheen T.K. on 07.10.2023, Sale agreement executed between Midhun M.P. and Shihabdheen T.K. on 24.02.2024.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- K.R. Shaji
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Namitha Shaji
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Reni Joseph
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
The plaintiff is entitled to realize ₹2,10,000/- as on the date of suit.
Evidence:
the plaintiff is entitled to realize ₹2,10,000/- (Rupees Two lakh Ten Thousand only) as on the date of suit.
Relief Type:
Interest
Outcome:
Granted
Description:
Interest @ 10% per annum on ₹2,10,000/- from the date of suit till the date of decree.
Evidence:
he is also entitled to get interest @ 10% per annum on ₹2,10,000/- from the date of suit till the date of decree.
Relief Type:
Costs
Outcome:
Granted
Description:
The plaintiff is also entitled to realize the costs of the suit from the defendant.
Evidence:
The plaintiff is also entitled to realize the costs of the suit from the defendant.
Documents & Evidence
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
Certified copy of sale deed in respect of plaint schedule property.
Reference:
Ext.A1
Document Type:
Tax receipt
Submitted By:
Plaintiff
Relevance:
Land tax receipt issued from Erumeli South Village.
Reference:
Ext.A2
Document Type:
Sale Agreement
Submitted By:
Plaintiff
Relevance:
Sale agreement executed between plaintiff and defendant on 07.10.2023.
Reference:
Ext.A3
Document Type:
Sale Agreement
Submitted By:
Plaintiff
Relevance:
Sale agreement executed between plaintiff and defendant on 24.02.2024.
Reference:
Ext.A4
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
2024