Case Summary
The plaintiff Reshma and the defendant Rekha are siblings involved in a dispute over compensation related to property transfer. The plaintiff claims the defendant failed to pay Rs.8,00,000 after a settlement agreement.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Defendant to pay Rs.8,00,000 with interest @ 6% per annum.
Case Type
Civil Suit
Final Judgment
No
The suit was decreed in favor of the plaintiff, ordering the defendant to pay Rs.8,00,000 with interest. The court found merit in the plaintiff's claim regarding the dishonored cheque.
Why Plaintiff Won:
The plaintiff successfully proved her case regarding the dishonored cheque intended as compensation.
The plaintiff successfully proved her case regarding the dishonored cheque intended as compensation.
Losing Side's Weaknesses:
The plaintiff successfully proved her case regarding the dishonored cheque intended as compensation.
The plaintiff successfully proved her case regarding the dishonored cheque intended as compensation.
Supporting Evidence
The plaintiff established that the defendant drawn and issued Ext.A2 cheque to the plaintiff and has discharged his initial burden.
Judgment Evidence:
In the result, suit is decreed with costs directing the defendant to pay an amount of Rs.8,00,000(Rupees Eight Lakhs only) to the plaintiff with interest @ 6% per annum from the date of suit till the date of its realization.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Reshma S S
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Rekha S S
- Relation
- W/o
Plaintiffs Documents
Certified copy of settlement Deed No.2895/2017, Original of cheque No.235462 for Rs. 8 lakhs drawn on SBI Elamakkara Branch, Copy of lawyer notice, Original acknowledgment card signed by defendant, Reply notice.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sadchith P. Kurup
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Sibi Karun
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- A. Anilkumar
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff seeks recovery of Rs.8,00,000/- along with interest.
Evidence:
In the result, suit is decreed with costs directing the defendant to pay an amount of Rs.8,00,000/-... till the date of its realization.
Documents & Evidence
Document Type:
Settlement Deed
Submitted By:
Plaintiff
Relevance:
Certified copy of settlement deed No.2895/2017 showing the agreement made regarding the property.
Reference:
Ext.A1
Document Type:
Cheque
Submitted By:
Plaintiff
Relevance:
Original cheque No.235462 for Rs.8,00,000/- drawn on SBI Elamakkara Branch which was dishonored.
Reference:
Ext.A2
Document Type:
Cheque Return Memo
Submitted By:
Plaintiff
Relevance:
Memorandum of cheque return issued by UCO Bank due to stop payment.
Reference:
Ext.A3
Document Type:
Lawyer Notice
Submitted By:
Plaintiff
Relevance:
Copy of the lawyer notice demanding the unpaid amount of Rs.8,00,000/-.
Reference:
Ext.A4
Document Type:
Acknowledgment card
Submitted By:
Plaintiff
Relevance:
Original acknowledgment card signed by the defendant.
Reference:
Ext.A5
Document Type:
Reply Notice
Submitted By:
Plaintiff
Relevance:
Reply notice dated 04.04.2018 from the defendant.
Reference:
Ext.A6
Document Type:
Receipt Draft Copy
Submitted By:
Plaintiff
Relevance:
True copy of the draft receipt signed by the father of the plaintiff.
Reference:
Ext.A7
Case Classification
Case Type
Civil Suit
Category
Recovery and Possession Disputes
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Common Reasons
Recovery of money
Case Code
Case between Reshma S S vs Rekha S S regarding realization of money
Case Code Year
Case between Reshma S S vs Rekha S S regarding realization of money
Case Flags
Cheque-Related Case
Nature of Cheque Case
Cheque Dishonour