Case Summary
Mithun Andrews, a contractor, filed a suit against Aiju.K.Mani for the recovery of an amount due for construction work. The defendant contends that the plaintiff did not complete the work as per the agreement, and thus, the payment was retained.
Judgment Outcome
Judgment Favored
Defendant
Relief Granted
Case Type
Civil Suit
Final Judgment
No
The suit was dismissed as the plaintiff failed to prove that he completed the construction work or that there was any breach of contract on the part of the defendant.
Key Reasoning:
The court found that the plaintiff did not establish any breach by the defendant and that the work was incomplete.
The court found that the plaintiff did not establish any breach by the defendant and that the work was incomplete.
Why Defendant Won:
The court found that the plaintiff did not establish any breach by the defendant and that the work was incomplete.
The court found that the plaintiff did not establish any breach by the defendant and that the work was incomplete.
Supporting Evidence
The evidence shows that the plaintiff disabled himself from performing his part of the contract by not completing mandatory stages of construction.
Judgment Evidence:
In the result, the suit is dismissed.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Mithun Andrews
- Party Age
- 30
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Aiju.K.Mani
- Party Age
- 29
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Annamma Varghese
- Party Age
- 48
- Relation
- Represented by
Plaintiffs Documents
Original Contract Agreement executed between the parties, True copy of Lawyers Notice, Certified copy of the complaint given by Aiju.K.Mani to the S.I of Police, Pampady Police Station.
Defendants Documents
Statement of Account of Aiju.K.Mani at Sundram Home Finance Limited, Transfer records, Statement of Account of Annamma Varghese at South Indian Bank, Abstract Estimate for the construction of Residential Building, Original Power of Attorney executed by the Defendant.
Advocates
- Party Role
- Plaintiff
- Advocate Name
- N.T.Gopakumar
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Ajithkumar.S
- Appearance Type
- Main Counsel
Documents & Evidence
Document Type:
Contract agreement
Submitted By:
Plaintiff
Relevance:
Original contract agreement executed between the parties.
Reference:
Ext.A1
Document Type:
Lawyers notice
Submitted By:
Plaintiff
Relevance:
True copy of the lawyer's notice issued by the plaintiff.
Reference:
Ext.A2
Document Type:
Complaint
Submitted By:
Plaintiff
Relevance:
Certified copy of the complaint filed by the defendant with the police.
Reference:
Ext.A3
Document Type:
Postal Cover
Submitted By:
Plaintiff
Relevance:
Returned postal cover.
Reference:
Ext.A4
Document Type:
Statement of Account
Submitted By:
Defendant
Relevance:
Statement of account of the defendant at Sundaram Home Finance Limited.
Reference:
Ext.B1
Document Type:
Transfer Record
Submitted By:
Defendant
Relevance:
Transfer record documenting amounts transferred to the plaintiff.
Reference:
Ext.B2 series
Document Type:
Statement of Account
Submitted By:
Defendant
Relevance:
Statement of account of Annamma Varghese at South Indian Bank.
Reference:
Ext.B3
Document Type:
Abstract Estimate
Submitted By:
Defendant
Relevance:
Abstract estimate for the construction of the residential building.
Reference:
Ext.B4
Document Type:
Power of Attorney
Submitted By:
Defendant
Relevance:
Original power of attorney executed by the defendant.
Reference:
Ext.B5
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Commission report assessing the construction work.
Reference:
Ext.C1
Document Type:
Sketch
Submitted By:
Court
Relevance:
Sketch related to the commission report.
Reference:
Ext.C1(a)
Document Type:
Photographs and CD
Submitted By:
Court
Relevance:
Photographs and CD documenting the construction site.
Reference:
Ext.C1(b)
Document Type:
Expert Report
Submitted By:
Court
Relevance:
Expert report regarding the construction valuation.
Reference:
Ext.C1(c)
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Kottayam
State
Kerala
Court Establishment
Munsiff Court, Kottayam
Common Reasons
Case Code
O.S.
Case Code Year
2021