Case Summary
The plaintiff, P.S. Visweswaran, is seeking recovery of money from M/s. Tiknar Homes (P) Ltd. and its executives due to unfulfilled payment agreements regarding a construction project. The defendants have raised issues of the suit being time-barred and not maintainable.
Judgment Outcome
Judgment Favored
Defendant
Relief Granted
Case Type
Civil Suit
Final Judgment
No
Key Reasoning:
The suit was found to be barred by limitation and the plaintiff failed to establish a valid claim.
The suit was found to be barred by limitation and the plaintiff failed to establish a valid claim.
Judgment Evidence:
In the result, the suit is dismissed. The defendants 1 and 2 are entitled to realise the costs of the suit from the plaintiff.
Parties Involved
Plaintiffs
P.S. Visweswaran (48 years)
Padickaparambil, Thrikothamangalam P.O, Puthuppally Kara, Puthuppally Village, Kottayam Taluk, Kottayam District
Santhi A.S. (39 years)
Padickaparambil, Thrikothamangalam P.O, Puthuppally Kara, Puthuppally Village, Kottayam Taluk, Kottayam District
Defendants
M/s. Tiknar Homes (P) Ltd. (Age not specified years)
81, North Girinagar, Opp. Lions' Community Hall, Kadavanthra, Kochi – 682 036
M.K. Narayanankutty (Age not specified years)
Rajas, K.S.N.Menon Road, Karithala Desam, Ernakulam, Kochi - 682 016
Kurian Joseph (Age not specified years)
Ambattu House, Marottichuvadu, Pallippuram, Vazhakkala, Kochi- 682 024
Reliefs
Relief Type:
Recovery
Outcome:
Rejected
Description:
Plaintiff sought to recover an amount from the defendants.
Evidence:
Hence, it is evident that the suit is time barred.
Relief Type:
Interest
Outcome:
Not Decided
Description:
Plaintiff sought interest on the amount claimed.
Evidence:
As the plaintiff is not entitled to recover any amount from the plaintiff, there is no question of any interest to be granted to the plaintiff.
Documents & Evidence
Document Type:
Affidavit cum Indemnity Bond
Submitted By:
Plaintiff
Relevance:
Marked as subject to proof; claimed as evidence of agreement regarding payment and liability.
Reference:
Ext.A1
Document Type:
Cheque
Submitted By:
Plaintiff
Relevance:
Marked as evidence of one of the payments made by the defendants.
Reference:
Ext.A2
Document Type:
Cheque
Submitted By:
Plaintiff
Relevance:
Marked as subject to proof; claimed to be evidence of an additional payment.
Reference:
Ext.A3
Document Type:
Cheque
Submitted By:
Plaintiff
Relevance:
Marked as subject to proof; claimed to be evidence of an additional payment.
Reference:
Ext.A4
Document Type:
Cheque
Submitted By:
Plaintiff
Relevance:
Marked as subject to proof; claimed to be evidence of an additional payment.
Reference:
Ext.A5
Document Type:
Cheque
Submitted By:
Plaintiff
Relevance:
Marked as subject to proof; claimed to be evidence of an additional payment.
Reference:
Ext.A6
Document Type:
Cheque
Submitted By:
Plaintiff
Relevance:
Marked as subject to proof; claimed to be evidence of an additional payment.
Reference:
Ext.A7
Document Type:
Cheque
Submitted By:
Plaintiff
Relevance:
Marked as subject to proof; claimed to be evidence of an additional payment.
Reference:
Ext.A8
Document Type:
Lawyer Notice
Submitted By:
Plaintiff
Relevance:
Marked as evidence regarding communication with the defendants.
Reference:
Ext.A9
Document Type:
Lawyer Reply Notice
Submitted By:
Plaintiff
Relevance:
Marked as evidence regarding the reply to the notice sent.
Reference:
Ext.A10
Document Type:
Postal Envelope
Submitted By:
Plaintiff
Relevance:
Marked as evidence regarding postal correspondence.
Reference:
Ext.A11
Document Type:
Postal Receipts
Submitted By:
Plaintiff
Relevance:
Marked as evidence of postal receipts issued.
Reference:
Ext.A12
Document Type:
Postal Acknowledgment Card
Submitted By:
Plaintiff
Relevance:
Marked as evidence of acknowledgment for notice sent.
Reference:
Ext.A13
Document Type:
Agreement for Sale cum Construction
Submitted By:
Plaintiff
Relevance:
Marked as subject to proof; claimed to be evidence of the agreement between parties.
Reference:
Ext.A14