Case Summary
Muraleedharan Nair filed a suit against Rahim for the realization of money due under a sale agreement for property. The plaintiff claims the defendant failed to execute the sale deed despite receiving an advance payment.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Plaintiff is entitled to realise an amount of Rs.1,83,750/- together with interest at the rate of 6% per annum.
Case Type
Civil Suit
Final Judgment
No
The court decreed in favor of the plaintiff, allowing him to realize an amount of Rs. 1,83,750/- from the defendant along with interest.
Why Plaintiff Won:
The plaintiff successfully proved the existence of a sale agreement and the defendant's failure to fulfill his contractual obligations.
The plaintiff successfully proved the existence of a sale agreement and the defendant's failure to fulfill his contractual obligations.
Losing Side's Weaknesses:
Not available
Not available
Supporting Evidence
The oral evidence of PW3 that he was signed in Ext.A1 document as a witness after well ascertaining the contents of the document would substantiate the plaint claim.
Judgment Evidence:
In the result, the suit is decreed as follows:- Plaintiff is entitled to realise an amount of Rs.1,83,750/- together with interest at the rate of 6% per annum for the principal amount of Rs.1,50,000/- from the date of suit till the date of decree and at the rate of 6% per annum from the date of decree till realisation, from the defendant and his assets, with costs.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Muraleedharan Nair
- Party Age
- 52
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Rahim
- Party Age
- 51
- Relation
- S/o
Plaintiffs Documents
Original Sale Agreement, Original Sale Deed No. 1835/2022, Tax Receipt, Office copy of Lawyers Notice, Postal Receipts, Acknowledgment Card, Certified copy of Sale Deed No. 503/2014, Certified copy of Sale Deed No. 1960/14
Defendants Documents
Copy of Sale Deed No. 135/2014, Copy of Sale Deed No. 1327/12, Sale Agreement Deed
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Kavanad R.Jayakumar
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Aramana C.K.Saiju
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff entitled to recover Rs. 1,83,750 from the defendant.
Evidence:
Hence, it can be concluded that the plaintiff is entitled to get a decree realising an amount of Rs. 1,83,750 from the defendant with interest as sought for.
Documents & Evidence
Document Type:
Sale Agreement
Submitted By:
Plaintiff
Relevance:
Original sale agreement between plaintiff and defendant regarding the scheduled property.
Reference:
Ext.A1
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
Original sale deed No. 1835/2022 of Kilikolloor SRO proving ownership of the defendant.
Reference:
Ext.A2
Document Type:
Tax receipt
Submitted By:
Plaintiff
Relevance:
Proves payment of land tax related to the scheduled property.
Reference:
Ext.A3
Document Type:
Office copy of Lawyers notice
Submitted By:
Plaintiff
Relevance:
Notice sent to the defendant regarding the advance amount.
Reference:
Ext.A4
Document Type:
Postal Receipts
Submitted By:
Plaintiff
Relevance:
Receipts confirming the mailing of the notice to the defendant.
Reference:
Ext.A5
Document Type:
Acknowledgment card
Submitted By:
Plaintiff
Relevance:
Confirmation that the defendant received the legal notice.
Reference:
Ext.A6
Document Type:
Certified copy of Sale Deed
Submitted By:
Plaintiff
Relevance:
Supports plaintiff's evidence regarding related property transactions.
Reference:
Ext.A7
Document Type:
Photocopy of Sale deed
Submitted By:
Plaintiff
Relevance:
Duplicate evidence of Ext.A7.
Reference:
Ext.A7(a)
Document Type:
Certified copy of Sale Deed
Submitted By:
Plaintiff
Relevance:
Supports plaintiff's evidence regarding related property transactions.
Reference:
Ext.A8
Document Type:
Photocopy of Sale deed
Submitted By:
Plaintiff
Relevance:
Duplicate evidence of Ext.A8.
Reference:
Ext.A8(a)
Document Type:
Sale deed
Submitted By:
Defendant
Relevance:
Copy of Sale Deed No. 135/2014 presented by the defendant to substantiate claims.
Reference:
Ext.B1
Document Type:
Sale deed
Submitted By:
Defendant
Relevance:
Copy of Sale Deed No. 1327/12 presented by the defendant to substantiate claims.
Reference:
Ext.B2
Document Type:
Sale Agreement Deed
Submitted By:
Defendant
Relevance:
Sale agreement produced by the defendant claiming a different transaction.
Reference:
Ext.B3
Case Classification
Case Type
Civil Suit
Category
Money and Loan Recovery
District
Kollam
State
Kerala
Court Establishment
Munsiff Court Kollam
Common Reasons
Non-payment of Loan
Case Code
Case between Muraleedharan Nair vs Rahim regarding Realisation of Money
Case Code Year
Case between Muraleedharan Nair vs Rahim regarding Realisation of Money