Case Summary
The case involves a dispute over an agreement for the sale of property where the plaintiff claims that the defendants failed to return an advance payment of Rs. 7 lakhs. The defendants deny the financial transactions and responsibilities as claimed by the plaintiff.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The plaintiff is entitled to realize Rs. 6,50,000/- with interest @ 6% per annum from the date of suit till the date of realization.
Case Type
Civil Suit
Final Judgment
No
The court granted the plaintiff a decree for the realization of Rs. 6,50,000/- towards the advance payment made, along with interest at 6% per annum.
Why Plaintiff Won:
The evidence presented by the plaintiff regarding the payment transactions to the third defendant was corroborated by bank statements.
The evidence presented by the plaintiff regarding the payment transactions to the third defendant was corroborated by bank statements.
Losing Side's Weaknesses:
The evidence presented by the plaintiff regarding the payment transactions to the third defendant was corroborated by bank statements.
The evidence presented by the plaintiff regarding the payment transactions to the third defendant was corroborated by bank statements.
Supporting Evidence
The statement would show that Rs.1,50,000/- sent by PW1 was credited to the third defendant’s account on 20.06.2020. Similarly, Rs.1 lakh was credited to the same account on 16.07.2020 and Rs.4 lakh on 20.07.2020. This would support the evidence of PW1 that he had transferred Rs.7 lakhs to the account of third defendant.
Judgment Evidence:
In the result, the suit is decreed as follows: 1. The plaintiff is entitled to realize Rs. 6,50,000/- (Rupees six lakhs fifty thousand only) as on the date of suit, with interest @ 6% per annum from the date of suit till the date of realization of the amount.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Monachen N.T
- Party Age
- 49
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- E.S John
- Party Age
- 60
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Marykutty John
- Party Age
- 55
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Victor
- Party Age
- 60
Plaintiffs Documents
Property Sale Agreement executed between E.S John, Marykutty John and Monachen N.T, True copy of Lawyers notice, Acknowledgment Card.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- George Kurian
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Hima K. Mohan
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- Sajan Mathew .K
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff is entitled to realize Rs.6,50,000 with interest from the date of suit
Evidence:
The plaintiff is entitled to realize Rs.6,50,000/- ... with interest @ 6% per annum from the date of suit till the date of realisation of the amount.
Documents & Evidence
Document Type:
Property Sale Agreement
Submitted By:
Plaintiff
Relevance:
Executed agreement for the transfer of plaint schedule properties
Reference:
Ext.A1
Document Type:
Lawyers notice
Submitted By:
Plaintiff
Relevance:
Legal notice demanding return of advance amount from the defendants
Reference:
Ext.A2
Document Type:
Acknowledgment card
Submitted By:
Plaintiff
Relevance:
Acknowledgment of receipt of the legal notice by the defendants
Reference:
Ext.A3
Document Type:
Unclaimed Cover
Submitted By:
Plaintiff
Relevance:
Document related to the notice sent to the defendant
Reference:
Ext.A4
Document Type:
Account Statement
Submitted By:
Plaintiff
Relevance:
Original bank statement submitted to support financial transactions (subject to proof)
Reference:
Ext.A5
Document Type:
Statement of Account
Submitted By:
Unknown
Relevance:
Statement of account of Victor K and Omana Victor verifying money transfers
Reference:
Ext.X1
Document Type:
Certificate
Submitted By:
Unknown
Relevance:
Certificate under section 63(4)(c) of the Bharathiya Sakshya Adhiniyam Act 2023
Reference:
Ext.X1(a)
Document Type:
Certificate
Submitted By:
Unknown
Relevance:
Certificate under section 2 A(b) and 2 A(c) of the Bankers Book of Evidence Act 1891
Reference:
Ext.X1(b)
Case Classification
Case Type
Civil Suit
Category
Money and Loan Recovery
District
Kottayam
State
Kerala
Court Establishment
Munsiff Court Kanjirappally
Common Reasons
Non-payment of rent
Case Code
O.S
Case Code Year
2022