Case Summary
This case involves Prabhakaran as the plaintiff and Kunhipocker as the defendant. The plaintiff is seeking recovery of an amount due from the defendant related to a sale agreement.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The defendant is directed to pay an amount of Rs.1,36,767/- with interest @ 12% per annum.
Case Type
Civil Suit
Final Judgment
No
The court decreed in favor of the plaintiff, ordering the defendant to pay the amount due along with interest.
Why Plaintiff Won:
The plaintiff proved his case by adducing cogent and reliable evidence which remained unchallenged.
The plaintiff proved his case by adducing cogent and reliable evidence which remained unchallenged.
Losing Side's Weaknesses:
The plaintiff proved his case by adducing cogent and reliable evidence which remained unchallenged.
The plaintiff proved his case by adducing cogent and reliable evidence which remained unchallenged.
Supporting Evidence
The evidence adduced by the plaintiff remained unchallenged. I find no reason to disbelieve PW1. Therefore, I am satisfied that the plaintiff has proved his case by adducing cogent and reliable evidence.
Judgment Evidence:
In the result, the suit is decreed as follows; 1. The defendant is directed to pay an amount of Rs.1,36,767/- (Rupees One Lakh Thirty Six Thousand Seven Hundred and Sixty Seven only), with interest @ 12% per annum thereon from the date of suit till realization, to the plaintiff.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Prabhakaran
- Party Age
- 54
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Kunhipocker
- Party Age
- 42
- Relation
- S/o
Plaintiffs Documents
Exbt. A1 (Agreement for sale), Exbt. A2 (Agreement for sale), Exbt. A3 (Agreement), Exbt. A5 (Copy of Lawyer notice), Exbt. A6 (Postal receipt), Exbt. A7 (Acknowledgement Card)
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. Gopi Kadavath
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff requested recovery of the amount due from the defendant.
Evidence:
Therefore, I am satisfied that the plaintiff has proved his case by adducing cogent and reliable evidence. Hence the plaintiff is entitled to a decree as prayed for.
Relief Type:
Interest
Outcome:
Granted
Description:
Plaintiff is entitled to recover interest on the amount due from the date of suit till realization.
Evidence:
The defendant is directed to pay an amount of Rs.1,36,767/- (Rupees One Lakh Thirty Six Thousand Seven Hundred and Sixty Seven only), with interest @ 12% per annum thereon from the date of suit till realization.
Relief Type:
Costs
Outcome:
Granted
Description:
Plaintiff is also entitled to realise the costs of the suit from the defendant.
Evidence:
Plaintiff is also entitled to realise the costs of the suit from the defendant.
Documents & Evidence
Document Type:
Agreement for sale
Submitted By:
Plaintiff
Relevance:
The document is the initial agreement for sale between the plaintiff and defendant which outlines the payment terms and conditions.
Reference:
Ext.A1
Document Type:
Agreement for sale
Submitted By:
Plaintiff
Relevance:
This agreement updates the value of the property and also states the payment terms agreed upon by both parties.
Reference:
Ext.A2
Document Type:
Agreement
Submitted By:
Plaintiff
Relevance:
An agreement documenting the new payment terms for the balance amount owed by the defendant.
Reference:
Ext.A3
Document Type:
Agreement
Submitted By:
Plaintiff
Relevance:
This agreement was executed when the defendant withdrew from previous agreements, restating the payment terms.
Reference:
Ext.A4
Document Type:
Copy of Lawyer Notice
Submitted By:
Plaintiff
Relevance:
The notice served to the defendant demanding the balance amount due which was not responded to.
Reference:
Ext.A5
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
The postal receipt evidences the dispatch of the legal notice to the defendant.
Reference:
Ext.A6
Document Type:
Acknowledgement Card
Submitted By:
Plaintiff
Relevance:
This card confirms the receipt of the legal notice by the defendant.
Reference:
Ext.A7
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Malappuram
State
Kerala
Court Establishment
Munsiff Court, Tirur / Rent Control Court
Common Reasons
Recovery of money
Case Code
Case between Prabhakaran vs Kunhipocker regarding recovery of money
Case Code Year
Case between Prabhakaran vs Kunhipocker regarding recovery of money