Case Summary
This case involves Radhakrishna Pillai seeking to recover an advance payment made for the purchase of property from the defendant, Binu. The plaintiff alleges that the defendant failed to provide the necessary documents and did not return the advance amount despite multiple requests.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Plaintiff is entitled to realise an amount of Rs.2,04,750/- together with interest at the rate of 12% per annum 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.
Case Type
Civil Suit
Final Judgment
No
The court ruled in favor of the plaintiff, ordering the defendant to pay Rs. 2,04,750/- along with interest and costs.
Why Plaintiff Won:
The evidence clearly established that the defendant is indebted to the plaintiff as per the sales agreement.
The evidence clearly established that the defendant is indebted to the plaintiff as per the sales agreement.
Losing Side's Weaknesses:
Not available
Not available
Supporting Evidence
The evidence of PW1 coupled with Exts. A2, A3, A4 documents would prove the plaint claim. The plaintiff given an amount of Rs. 1,50,000/- infavour of the defendant as part of sale consideration. The evidence clearly established that the defendant is indebted to the plaintiff.
Judgment Evidence:
In the result, the suit is decreed as follows: Plaintiff is entitled to realise an amount of Rs.2,04,750/- (Rupees Two Lakh Four Thousand Seven Hundred and Fifty only) together with interest at the rate of 12% per annum 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
- Radhakrishna Pillai
- Party Age
- 64
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Binu
- Party Age
- 37
- Relation
- S/o
Plaintiffs Documents
A1 22-08-2024 Sale Agreement, A2 08-10-2024 Copy of Advocate Notice, A3 08-10-2024 Postal Receipts, A4 Unclaimed Returned Postal Articles
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- P.Deepa
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Lekshmi.S.
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff is entitled to recover an amount of Rs.2,04,750 including interest and costs from the defendant.
Evidence:
In the result, the suit is decreed as follows: Plaintiff is entitled to realise an amount of Rs.2,04,750/- (Rupees Two Lakh Four Thousand Seven Hundred and Fifty only) together with interest at the rate of 12% per annum 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.
Documents & Evidence
Document Type:
Sale Agreement
Submitted By:
Plaintiff
Relevance:
Document establishes the agreement for the sale of property and the amount paid as advance.
Reference:
Ext.A1
Document Type:
Copy of Advocate Notice
Submitted By:
Plaintiff
Relevance:
Document serves as evidence of the demand made to the defendant for the return of the advance amount.
Reference:
Ext.A2
Document Type:
Postal Receipts
Submitted By:
Plaintiff
Relevance:
Document proves the delivery of notice to the defendant.
Reference:
Ext.A3
Document Type:
Unclaimed Returned Postal Articles
Submitted By:
Plaintiff
Relevance:
Document indicates the returned notice from the defendant.
Reference:
Ext.A4
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Kollam
State
Kerala
Court Establishment
Munsiff Court Kollam
Common Reasons
Realisation of Money
Case Code
Case between Radhakrishna Pillai vs Binu regarding Realisation of Money
Case Code Year
Case between Radhakrishna Pillai vs Binu regarding Realisation of Money