Case Summary
The plaintiff, P.Padmakumari, is seeking the return of an advance amount from the defendants for a property purchase agreement that was not honored. The defendants failed to appear in court, leading to a decree in favor of the plaintiff.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Plaintiff is allowed to realise the plaint claim of Rs.5,21,834/- with interest.
Case Type
Civil Suit
Final Judgment
No
The suit is decreed in favor of the plaintiff, allowing them to recover the claimed amount with interest. The defendants did not contest the case.
Why Plaintiff Won:
Plaintiff is entitled to get a decree as prayed for based on unchallenged evidence.
Plaintiff is entitled to get a decree as prayed for based on unchallenged evidence.
Losing Side's Weaknesses:
Plaintiff is entitled to get a decree as prayed for based on unchallenged evidence.
Plaintiff is entitled to get a decree as prayed for based on unchallenged evidence.
Supporting Evidence
From the unchallenged evidence, it can be seen that plaintiff is entitled to get a decree as prayed for.
Judgment Evidence:
In the result, suit is decreed with costs as follows:- The plaintiff is allowed to realise the plaint claim of Rs.5,21,834/- (Five Lakhs Twenty One Thousand Eight Hundred and Thirty Four Only) from the defendant with 9% interest on the principal amount of Rs.5,00,000/- (Five Lakhs Only) from the date of the suit ie, 25.05.2024 till realisation.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- P.Padmakumari
- Party Age
- 60
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Sreeram.P.S.
- Party Age
- 42
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- K.C.Krishnamoorthy @ Kannan
- Party Age
- 58
- Relation
- S/o
Plaintiffs Documents
Sale Agreement dated 18.01.2024, Office copy of Lawyers notice dated 23.04.2024, Postal Receipt dated 23.04.2024, Acknowledgment card.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- K.G.Pradeepan
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Elizabeth Mathew
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
The plaintiff is allowed to realise the plaint claim of ₹5,21,834/- from the defendant with interest.
Evidence:
In the result, suit is decreed with costs as follows: The plaintiff is allowed to realise the plaint claim of Rs.5,21,834/- (Five Lakhs Twenty One Thousand Eight Hundred and Thirty Four Only) from the defendant with 9% interest on the principal amount of Rs.5,00,000/- (Five Lakhs Only) from the date of the suit ie, 25.05.2024 till realisation.
Documents & Evidence
Document Type:
Sale Agreement
Submitted By:
Plaintiff
Relevance:
This document is the sale agreement dated 18.01.2024 between the plaintiff and the 1st defendant regarding the property sale.
Reference:
Ext.A1
Document Type:
Lawyer’s Notice
Submitted By:
Plaintiff
Relevance:
This document is the office copy of the lawyer's notice dated 23.04.2024 sent to the defendants demanding the return of the advance amount.
Reference:
Ext.A2
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
This document serves as proof of sending the lawyer's notice to the defendants.
Reference:
Ext.A3
Document Type:
Acknowledgment card
Submitted By:
Plaintiff
Relevance:
This document is the acknowledgment card showing receipt of the notice sent to the defendants.
Reference:
Ext.A4
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Kottayam
State
Kerala
Court Establishment
Munsiff Court Vaikom
Common Reasons
Recovery of money
Case Code
Case between P.Padmakumari vs Sreeram.P.S. et al regarding realisation of money.
Case Code Year
Case between P.Padmakumari vs Sreeram.P.S. et al regarding realisation of money.
Case Flags
Cheque-Related Case
Nature of Cheque Case
Cheque issued towards legally enforceable debt