Case Summary
This suit involves Reena as the plaintiff and Stellamma as the defendant, concerning the realization of an advance amount paid for a property sale agreement. The plaintiff claims that the defendant failed to fulfill the agreement terms and seeks the return of the advance amount.
Judgment Outcome
Judgment Favored
Defendant
Relief Granted
Case Type
Civil Suit
Final Judgment
No
The court dismissed the plaintiff's suit for the return of the advance payment. It ruled that the plaintiff was not entitled to the claimed amount due to failure to prove the defendant’s unwillingness to comply with the agreement.
Key Reasoning:
The plaintiff failed to demonstrate that the defendant did not wish to perform her obligations under the agreement.
The plaintiff failed to demonstrate that the defendant did not wish to perform her obligations under the agreement.
Why Defendant Won:
The plaintiff failed to demonstrate that the defendant did not wish to perform her obligations under the agreement.
The plaintiff failed to demonstrate that the defendant did not wish to perform her obligations under the agreement.
Supporting Evidence
The only possible conclusion seems to be that the defendant was willing to perform her part and it was the plaintiff, who had not even waited for the reply to Ext A2 notice nor given the time gap of 10 days as stated in Ext A2 to institute the suit.
Judgment Evidence:
In the result, this Court is of the view that the plaintiff is not entitled to realise an amount of Rs 10,000/- with interest from the defendant as claimed. Thus Issue No. 1 is found against the plaintiff.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Reena
- Party Age
- 40
- Relation
- D/o
- Party Role
- Defendant
- Party Name
- Stellamma
- Party Age
- 63
- Relation
- D/o
Plaintiffs Documents
Agreement dated 12-08-2021, Copy of Legal Notice dated 18-06-2022, Postal Receipt dated 18-06-2022
Defendants Documents
Power of Attorney dated 12-06-2024, Copy of Reply Notice dated 22-06-2022, Postal Receipt dated 22-06-2022
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Ajith A.Khader
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Jasmine.M.
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sri. Poul Antony
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Suseela Poul
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Refused
Description:
The plaintiff claimed the return of advance amount of Rs 10,000 with interest.
Evidence:
In the result, this Court is of the view that the plaintiff is not entitled to realise an amount of Rs 10,000/- with interest from the defendant as claimed.
Documents & Evidence
Document Type:
Agreement
Submitted By:
Plaintiff
Relevance:
The agreement for sale dated 12/08/2021 is the basis for the claim of return of advance amount.
Reference:
Ext A1
Document Type:
Legal Notice
Submitted By:
Plaintiff
Relevance:
The office copy of the legal notice sent by the plaintiff to the defendant demanding the return of the advance amount.
Reference:
Ext A2
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
The postal receipt evidencing the sending of the legal notice.
Reference:
Ext A3
Document Type:
Power of Attorney
Submitted By:
Defendant
Relevance:
The power of attorney document evidencing who can represent the defendant.
Reference:
Ext B1
Document Type:
Reply Notice
Submitted By:
Defendant
Relevance:
The reply notice sent by the defendant indicating willingness to perform as per the contract.
Reference:
Ext B2
Document Type:
Postal receipt
Submitted By:
Defendant
Relevance:
The postal receipt evidencing the sending of the reply notice.
Reference:
Ext B3
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Kollam
State
Kerala
Court Establishment
Munsiff Court Kollam
Common Reasons
Non-payment of rent
Case Code
Case between Reena vs Stellamma regarding Realisation of Money
Case Code Year
Case between Reena vs Stellamma regarding Realisation of Money