Case Summary
Rajendran Karthavu filed a suit against George seeking realization of an amount of Rs. 5 lakhs based on an agreement. The defendant failed to pay the amount despite several demands.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Rs. 6,49,315 along with interest at 10% from the date of the suit till the date of decree.
Case Type
Civil Suit
Final Judgment
No
The suit is decreed with costs. The defendant is directed to pay an amount of Rs. 6,49,315 along with interest at 10% from the date of the suit till the date of decree.
Why Plaintiff Won:
The plaintiff succeeded based on the evidence supporting the execution of the agreements and the defendant's failure to repay the amount due.
The plaintiff succeeded based on the evidence supporting the execution of the agreements and the defendant's failure to repay the amount due.
Losing Side's Weaknesses:
The plaintiff succeeded based on the evidence supporting the execution of the agreements and the defendant's failure to repay the amount due.
The plaintiff succeeded based on the evidence supporting the execution of the agreements and the defendant's failure to repay the amount due.
Supporting Evidence
The execution of Ext. A1 agreement is proved through the attesting witness examined as PW2. PW1 and other witnesses corroborated the claims of the plaintiff about the transactions.
Judgment Evidence:
In the result, the suit is decreed with costs as follows: The defendant is hereby directed to pay an amount of Rs. 6,49,315 along with interest at the rate of 10% from the date of suit till the date of decree.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Rajendran Karthavu
- Party Age
- 61
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- George
- Party Age
- 62
- Relation
- S/o
Plaintiffs Documents
Sale agreement No. 8.1.2011, Agreement dated 28.9.2012, Certified copy of sale deed bearing No. 5894/2012, Copy of sale agreement dated 18.11.2011, Lawyer notice dated 11.3.2016, Postal receipt, Reply notice dated 17.3.2016, Transaction records from bank passbook.
Defendants Documents
Certified copy of sale deed bearing no. 4049/1/15.
Advocates
- Party Role
- Plaintiff
- Advocate Name
- M.U. Devassykutty
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- G. Govindan Nair
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- George Mathew
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
The plaintiff is entitled to recover an amount of Rs. 6,49,315/- along with interest.
Evidence:
Therefore, in view of the above discussions I find that, plaintiff is entitled to realize the amount of Rs. 6,49,315/- along with interest at the rate of 10%.
Relief Type:
Costs
Outcome:
Granted
Description:
The plaintiff is entitled to recover the costs of the suit from the defendant.
Evidence:
Considering the facts and circumstances of the case, the plaintiff is entitled to realize the costs of the suit from the defendant.
Documents & Evidence
Document Type:
Sale Agreement
Submitted By:
Plaintiff
Relevance:
The document is a sale agreement that authorized the plaintiff to sell the property owned by Jyothinath.
Reference:
Ext.A1
Document Type:
Agreement
Submitted By:
Plaintiff
Relevance:
This agreement states that the defendant agreed to pay an amount of Rs. 5 lakhs to the plaintiff within 6 months.
Reference:
Ext.A2
Document Type:
Certified copy of the Sale deed
Submitted By:
Plaintiff
Relevance:
This document pertains to the transaction involving the property and was executed in favor of the defendant's son.
Reference:
Ext.A3
Document Type:
Copy of the sale agreement
Submitted By:
Plaintiff
Relevance:
This is a copy of the sale agreement entered into between the plaintiff and the defendant.
Reference:
Ext.A4
Document Type:
Office copy of the lawyer notice
Submitted By:
Plaintiff
Relevance:
The document represents the notice issued by the plaintiff to the defendant demanding repayment.
Reference:
Ext.A5
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
This receipt relates to the mailing of the lawyer notice to the defendant.
Reference:
Ext.A6
Document Type:
Reply Notice
Submitted By:
Plaintiff
Relevance:
This is the reply notice issued by the defendant in response to the lawyer notice.
Reference:
Ext.A7
Document Type:
Transaction record
Submitted By:
Plaintiff
Relevance:
This record shows a transaction in the bank related to the payment towards the sale agreement.
Reference:
Ext.A8(a)
Document Type:
Transaction record
Submitted By:
Plaintiff
Relevance:
This record shows another transaction in the bank related to the payment towards the sale agreement.
Reference:
Ext.A8(b)
Document Type:
Certified copy of Sale Deed
Submitted By:
Defendant
Relevance:
This document is a sale deed executed by the plaintiff in favor of the defendant's son.
Reference:
Ext.B1
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Perumbavoor
Common Reasons
Non-payment of rent
Case Code
Case between Rajendran Karthavu vs George regarding realization of money
Case Code Year
Case between Rajendran Karthavu vs George regarding realization of money