Case Summary
The plaintiff, Rajeev S. Nair, is claiming an amount of ₹2,72,000/- from the defendant, Gopalakrishnan C.V, for work related to leveling property. The defendant disputes the claim, stating there was no legal agreement.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Defendant to pay ₹2,72,000/- with interest at the rate of 6% per annum.
Case Type
Civil Suit
Final Judgment
No
The suit is decreed in favor of the plaintiff, ordering the defendant to pay ₹2,72,000/- with interest from the date of filing the suit.
Why Plaintiff Won:
The court found a clear transaction and obligation on part of the defendant to pay the plaintiff as a result of a valid agreement.
The court found a clear transaction and obligation on part of the defendant to pay the plaintiff as a result of a valid agreement.
Losing Side's Weaknesses:
The court found a clear transaction and obligation on part of the defendant to pay the plaintiff as a result of a valid agreement.
The court found a clear transaction and obligation on part of the defendant to pay the plaintiff as a result of a valid agreement.
Supporting Evidence
The defendant admitted the issuance of cheque of ₹2,00,000/- and there was an agreement to fill the property with ordinary earth and building materials.
Judgment Evidence:
In the result, the suit is decreed as follows: It is ordered that the defendant to pay to the plaintiff the sum of ₹2,72,000/- (Rupees Two Lakh and Seventy Two Thousand only) with interest thereon at the rate of 6% per annum from the date of institution of the suit till the date of realization of the sum.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Rajeev S. Nair
- Party Age
- 32
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Gopalakrishnan C.V
- Party Age
- 61
- Relation
- S/o
Plaintiffs Documents
Certified copy of Cheque, Certified copy of memo, Certified copy of Notice, Certified copy of Receipt, Copy of Judgment in ST. No. 91/2019
Defendants Documents
Certified Copy of Complaint, Certified Copy of Affidavit in ST. No. 91/2019, Copy of Deposition.
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Leena Krishnan
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- K.S. Sajeev Kumar
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Mohan Das K. Chacko
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- Ramesh P.N
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- Bismi T.A
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- Sukesan P.S
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- Devipriya Sathyaseelan
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff sought to recover ₹2,72,000/- along with interest and costs.
Evidence:
The plaintiff is entitled to get the decree as prayed for.
Relief Type:
Costs
Outcome:
Granted
Description:
Plaintiff is entitled to recover costs from the defendant.
Evidence:
The plaintiff is entitled to realise the costs from the defendant.
Documents & Evidence
Document Type:
Certified Copy of Cheque
Submitted By:
Plaintiff
Relevance:
The cheque was issued by the defendant as payment for leveling work done by the plaintiff.
Reference:
A1
Document Type:
Certified Copy of Memo
Submitted By:
Plaintiff
Relevance:
The memo was related to the dishonor of the cheque presented for encashment.
Reference:
A2
Document Type:
Certified copy of notice
Submitted By:
Plaintiff
Relevance:
The notice was issued by the plaintiff to the defendant for the recovery of the amount due.
Reference:
A3
Document Type:
Certified copy of Receipt
Submitted By:
Plaintiff
Relevance:
Receipt acknowledging the amount demanded by the plaintiff.
Reference:
A4
Document Type:
Certified copy of Receipt
Submitted By:
Plaintiff
Relevance:
Another receipt related to the payment process for the agreement.
Reference:
A5
Document Type:
Copy of judgment
Submitted By:
Plaintiff
Relevance:
A prior judgment that supports the plaintiff's claim on the nature of the transaction.
Reference:
A6
Document Type:
Certified copy of complaint
Submitted By:
Defendant
Relevance:
Document filed by the defendant that is relevant to the defense against the plaintiff's claims.
Reference:
B1
Document Type:
Certified Copy of Affidavit
Submitted By:
Defendant
Relevance:
Affidavit evidence supporting the defense presented by the defendant.
Reference:
B2
Document Type:
Copy of Deposition
Submitted By:
Defendant
Relevance:
Deposition of a witness relevant to the defense in the matter.
Reference:
B3
Case Classification
Case Type
Civil Suit
Category
Money and Loan Recovery
District
Kottayam
State
Kerala
Court Establishment
Munsiff Court, Kottayam
Common Reasons
Non-payment of rent
Case Code
Case between Rajeev S. Nair vs Gopalakrishnan C.V regarding realization of money.
Case Code Year
Case between Rajeev S. Nair vs Gopalakrishnan C.V regarding realization of money.
Case Flags
Cheque-Related Case
Nature of Cheque Case
Cheque Dishonour under Section 138 N.I. Act