Case Summary
The plaintiffs, Radhakrishnan M U and Sreedevi S A, are husband and wife engaged in the business of assembling welding machines. They are seeking recovery of Rs. 2,00,000/- lease amount from the defendant, Santhosh Kumar P P, who unlawfully evicted them from the leased property.
Judgment Outcome
Judgment Favored
Defendant
Relief Granted
Case Type
Civil Suit
Final Judgment
No
The court found that the plaintiffs failed to prove their case and dismissed the suit.
Key Reasoning:
The evidence indicated that the plaintiffs had already received all amounts due to them, including the lease consideration.
The evidence indicated that the plaintiffs had already received all amounts due to them, including the lease consideration.
Why Defendant Won:
The evidence indicated that the plaintiffs had already received all amounts due to them, including the lease consideration.
The evidence indicated that the plaintiffs had already received all amounts due to them, including the lease consideration.
Supporting Evidence
The court is satisfied that the plaintiff has failed to prove his case and hence suit is to be dismissed with costs.
Judgment Evidence:
In the result, suit is dismissed with costs.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Radhakrishnan M U
- Party Age
- 53
- Relation
- S/o
- Party Role
- Plaintiff
- Party Name
- Sreedevi S A
- Party Age
- 46
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Santhosh Kumar P P
- Relation
- S/o
Plaintiffs Documents
Original Token letter, Encumbrance Certificate, Agreement of Lease, Original of the Sale agreement, Original of the Settlement agreement
Defendants Documents
Statement of account from 01.02.2021 to 31.10.2021 of account no: 11840100396098 Santhosh Kumar P P with Federal Bank Ltd, Edappally Branch, Ernakulam
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Renjith R
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Anu Mohan
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Anzil B H
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- George Mathew
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Rejected
Description:
Plaintiffs claimed recovery of Rs.2,00,000/- as lease amount.
Evidence:
The court is satisfied that the plaintiff has failed to prove his case and he is not entitled to any relief as claimed for.
Documents & Evidence
Document Type:
Original Token letter
Submitted By:
Plaintiff
Relevance:
Serves as evidence of the token advance of Rs.10,000/- paid by plaintiffs on 06.02.2021.
Reference:
Ext.A1
Document Type:
Encumbrance certificate
Submitted By:
Plaintiff
Relevance:
Reveals that the property was under attachment by court order and subject to a mortgage.
Reference:
Ext.A2
Document Type:
Agreement of Lease
Submitted By:
Plaintiff
Relevance:
Details the lease agreement entered into by plaintiffs and defendant on 17.02.2021.
Reference:
Ext.A3
Document Type:
Statement of account (Subject to Proof)
Submitted By:
Plaintiff
Relevance:
Shows the cheque of Rs.2,00,000/- paid by plaintiffs to the defendant.
Reference:
Ext.A4
Document Type:
Original of the Sale agreement
Submitted By:
Plaintiff
Relevance:
Evidence of the second sale agreement where an additional Rs.5,00,000/- was paid.
Reference:
Ext.A5
Document Type:
Original of the Settlement agreement
Submitted By:
Plaintiff
Relevance:
Indicates a compromise agreement between parties regarding the return of amounts.
Reference:
Ext.A6
Document Type:
Bank authorized statement of account from 09.02.2021 to 07.05.2021 (Subject to Proof)
Submitted By:
Plaintiff
Relevance:
Supports the claims made by the plaintiffs regarding payments made.
Reference:
Ext.A7
Document Type:
Statement of account from 01.02.2021 to 31.10.2021
Submitted By:
Defendant
Relevance:
Examined to support the defendant's claims regarding returned amounts.
Reference:
Ext.B1
Document Type:
Oral Evidence
Submitted By:
Court
Relevance:
Testimonies from plaintiffs and defendant concerning the case.
Reference:
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Common Reasons
Recovery of money
Case Code
Case between Radhakrishnan M U et al vs Santhosh Kumar P P regarding realization of money
Case Code Year
Case between Radhakrishnan M U et al vs Santhosh Kumar P P regarding realization of money
Case Flags
Cheque-Related Case
Nature of Cheque Case
Cheque issued towards legally enforceable debt