Case Summary
Moideenkutty, the plaintiff, is suing Vadakkekkara Ayyappan's children, the defendants, for the recovery of an advance payment made for a sale agreement concerning a property. The defendants failed to complete the transaction as per the agreement, prompting Moideenkutty to seek legal recourse.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Plaintiff is entitled to realize an amount of Rs.3,00,000/- with interest at the rate of 6% per annum and entire costs of the proceedings.
Case Type
Civil Suit
Final Judgment
No
The court decreed that Moideenkutty is entitled to recover Rs.3,00,000 with interest from the defendants due to their failure to honor the sale agreement. The court also ordered the defendants to cover the costs of the proceedings.
Why Plaintiff Won:
The evidence presented by the plaintiff proved the case, showing the defendants' failure to comply with the sale agreement.
The evidence presented by the plaintiff proved the case, showing the defendants' failure to comply with the sale agreement.
Losing Side's Weaknesses:
The evidence presented by the plaintiff proved the case, showing the defendants' failure to comply with the sale agreement.
The evidence presented by the plaintiff proved the case, showing the defendants' failure to comply with the sale agreement.
Supporting Evidence
The defendants opted to remain exparte and they failed to contest their case. The available evidence showed that the plaintiff's case is proved.
Judgment Evidence:
In the result, the suit decreed as follows: 1. Plaintiff is entitled to realize an amount of Rs.3,00,000/- (Rupees Three Lakh only) with interest at the rate of 6% per annum from the date of suit till realization from the defendants and from their assets. 2. Plaintiff is entitled to realize the entire costs of the proceedings from the defendant.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Moideenkutty
- Party Age
- 53
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Anil Kumar
- Party Age
- 37
- Party Role
- Defendant
- Party Name
- Janaki
- Party Age
- 35
- Party Role
- Defendant
- Party Name
- Lakshmi
- Party Age
- 78
- Relation
- W/o
Plaintiffs Documents
Sale Agreement dated 18-04-2016
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. P.Najmudheen
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Sri.C.P. Jamshid Rahman
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff is entitled to realize an amount of Rs.3,00,000/- with interest from the defendants.
Evidence:
In the result, the suit decreed as follows: Plaintiff is entitled to realize an amount of Rs.3,00,000/- (Rupees Three Lakh only) with interest at the rate of 6% per annum from the date of suit till realization from the defendants and from their assets.
Relief Type:
Other
Outcome:
Granted
Description:
Plaintiff is entitled to realize the entire costs of the proceedings from the defendant.
Evidence:
Plaintiff is entitled to realize the entire costs of the proceedings from the defendant.
Documents & Evidence
Document Type:
Sale Agreement
Submitted By:
Plaintiff
Relevance:
This document evidences the agreement between the plaintiff and the defendants for the sale of property.
Reference:
Ext A1
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Malappuram
State
Kerala
Court Establishment
Munsiff Court, Tirur / Rent Control Court
Common Reasons
Case Code
Case between Moideenkutty vs Vadakkekkara Ayyappan's children regarding realization of money.
Case Code Year
Case between Moideenkutty vs Vadakkekkara Ayyappan's children regarding realization of money.