Case Summary
Ramesan filed a suit against Kumaran and Kunjappan for the recovery of an advance amount of Rs.5,78,500 paid under a sale agreement. The defendants failed to fulfill the terms of the agreement, leading to the lawsuit.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Rs.5,78,500 with interest @ 12% per annum and costs of the suit
Case Type
Civil Suit
Final Judgment
No
Why Plaintiff Won:
The court determined that the defendants breached the sale agreement by failing to perform their obligations.
The court determined that the defendants breached the sale agreement by failing to perform their obligations.
Judgment Evidence:
In the result, suit is decreed on the following terms. 1) Plaintiff is entitled to realize Rs.5,78,500/- (Rupees Five lakhs seventy eight thousand five hundred only) with interest @ 12% per annum from the date of suit till decree and thereafter @ 6% per annum till realization.
Parties Involved
Plaintiffs
Ramesan (54 years)
Athani, Nedumkulangara Veed, Kakkanad Kara, Kusumagiri P O, Kakkanad Village, Kanayannoor Taluk, Ernakulam District, Pin- 682030
Defendants
Kumaran (61 years)
Uralukuthiparayil House, Thangode Kara, Thengode P O, Kakkanad Village, Kanayannoor Taluk, Ernakulam District, Pin- 682030
Kunjappan (65 years)
Uralukuthiparayil House, Thangode Kara, Thengode P O, Kakkanad Village, Kanayannoor Taluk, Ernakulam District, Pin- 682030
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff is entitled to recover Rs.5,78,500/- from the defendants.
Evidence:
On perusal of documents, this court is found that plaintiff is entitled to realize an amount of Rs.5,78,500/- from defendants.
Relief Type:
Interest
Outcome:
Granted
Description:
Plaintiff is entitled to interest at the rate of 12% from the date of the suit.
Evidence:
Defendants are directed to pay interest at the rate of 12% from the date of suit.
Relief Type:
Charge
Outcome:
Granted
Description:
Plaintiff is entitled to a charge over the plaint schedule property.
Evidence:
Plaintiff is entitled to realize a charge over plaint schedule property for the above amount.
Relief Type:
Costs
Outcome:
Granted
Description:
Plaintiff is entitled to recover the costs of the suit.
Evidence:
Considering the facts and circumstance of the case plaintiff is entitled to realize the cost of the suit from defendants.
Documents & Evidence
Document Type:
Agreement
Submitted By:
Plaintiff
Relevance:
This document is the agreement dated 19.04.2018 between the plaintiff and defendants regarding the sale of property.
Reference:
Ext.A1
Document Type:
Land Tax Receipt
Submitted By:
Plaintiff
Relevance:
This document is a true copy of the land tax receipt pertaining to the plaint schedule property.
Reference:
Ext.A2
Document Type:
Possession Certificate
Submitted By:
Plaintiff
Relevance:
This document is a true copy of the possession certificate with respect to the plaint schedule property.
Reference:
Ext.A3
Document Type:
Letter from Tahasidar
Submitted By:
Plaintiff
Relevance:
This document is a true copy of a letter issued by the Tahasidar to the first defendant.
Reference:
Ext.A4
Document Type:
Oral Evidence
Submitted By:
Unknown
Relevance:
Witness testimony from the plaintiff's side corroborating the case.
Reference: