ORIGINAL SUIT No. 393 OF 2016

Case between Moideenkutty vs Ismail regarding realisation of money

Court

Court of the Munsiff of Tirur

Judge

Smt. Vincy.T.V.

Order Date

2017-10-07

Duration

1 year 10 months 11 days

Case Closed

Sat, 10/07/2017 - 12:00

Judgement document from eCourt website

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Case Summary

Plaintiff Moideenkutty filed a suit against defendant Ismail for realisation of money related to a failed property transaction agreement.

Judgment Outcome

Plaintiff Won

Interim Order

The court decreed for the plaintiff Moideenkutty to receive Rs. 2,00,000 with 6% interest from the defendant Ismail for a failed property transaction agreement.

Judgment Favored

Plaintiff

Relief Granted

Realisation of Rs. 2,00,000 with 6% interest

Case Type

Civil Suit - Realisation of money

Final Judgment

The court decreed for the plaintiff Moideenkutty to receive Rs. 2,00,000 with 6% interest from the defendant Ismail for a failed property transaction agreement.

Why Plaintiff Won:
Plaintiff proved the case with cogent and reliable evidence, while the defendant opted to remain ex parte.

Losing Side's Weaknesses:
Plaintiff proved the case with cogent and reliable evidence, while the defendant opted to remain ex parte.

Supporting Evidence

Since the defendant opted to remain ex parte, there is nothing to disbelieve the version of PW1. After taking evidence the plaintiff filed an IA 1870/2017 stating that Rs.1,50,000/- has been given by the defendant and sought for a decree for the rest of Rs.2,00,000/-. Hence plaintiff proved his case with cogent and reliable evidence.

Judgment Evidence:

The suit is decreed as follows: I. Defendant is hereby directed to pay an amount of Rs.2,00,000/- (Rupees Two lakh only) to the plaintiff with 6% interest till the date of realization. II. The defendant shall pay the costs of the suit to the plaintiff.

Parties Involved

Parties

Party Role: Plaintiff
Party Name: Moideenkutty
Party Age: 55
Relation: S/o Palara Saidalavi

Party Role: Defendant
Party Name: Ismail
Party Age: 63
Relation: S/o Kunhalankutty

Plaintiffs Documents

Sale agreement dated 4-12-2015 marked as Ext.A1

Defendants Documents

Not available

Advocates

Reliefs

Relief Type: Realisation of money

Outcome: Granted

Description:

Defendant to pay Rs. 2,00,000 with 6% interest to the plaintiff

Evidence:

The suit is decreed as follows: I. Defendant is hereby directed to pay an amount of Rs.2,00,000/- (Rupees Two lakh only) to the plaintiff with 6% interest till the date of realization.

Documents & Evidence

Document Type: Sale Agreement

Submitted By: Plaintiff

Relevance:

Documented the agreement between plaintiff and defendant for the failed property transaction.

Reference:

Ext.A1

Case Classification