Case Summary
Saidalavi, represented by P. Muhammed Kutty, filed a suit against Musthafa seeking the return of advance money paid for the purchase of property. The plaintiff claims he is entitled to a refund due to the defendant's failure to execute a sale deed as agreed.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Refund of Rs. 5,50,000/- with interest of 12% from the date of plaint till realization.
Case Type
Civil Suit
Final Judgment
No
The court ruled in favor of the plaintiff, ordering the defendant to refund the advance amount paid by the plaintiff along with interest. The court also stated that the defendant must pay the costs of the suit.
Why Plaintiff Won:
The plaintiff was not in breach of the agreement and demonstrated entitlement to a refund due to the defendant's non-performance.
The plaintiff was not in breach of the agreement and demonstrated entitlement to a refund due to the defendant's non-performance.
Losing Side's Weaknesses:
The plaintiff was not in breach of the agreement and demonstrated entitlement to a refund due to the defendant's non-performance.
The plaintiff was not in breach of the agreement and demonstrated entitlement to a refund due to the defendant's non-performance.
Supporting Evidence
The plaintiff has not improperly declined to perform his part of contract and hence, he is entitled to get refunded the advance amount paid by him.
Judgment Evidence:
In the result, the suit is decreed as follows: (I) The plaintiff is entitled to recover Rs. 5,50,000/- (Five Lakh and Fifty Thousand only) from the defendant with interest of 12% thereon from the date of plaint till realization.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Saidalavi
- Party Age
- 54
- Relation
- S/o
- Party Role
- Plaintiff
- Party Name
- P.Muhammed Kutty
- Relation
- Rep. By
- Party Role
- Defendant
- Party Name
- Musthafa
- Party Age
- 43
- Relation
- S/o
Plaintiffs Documents
Copy of partition deed No.1503/2010, Certified copy of Jenm Assignment Deed No.2825/2012, Lawyer Notice, Reply notice, Sale Agreement
Defendants Documents
Encumbrance Certificate dated 30-5-2018
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri.V. Chandrasekharan
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Sri.K.Vipin
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- K.H.Arshad Ayyoob
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sri.Abdul Gafoor Kanneth
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sri.Anil lal
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
The plaintiff requested the refund of advance money paid towards the agreement.
Evidence:
Therefore, the plaintiff is not bound to purchase the remaining property under Ext.A5 agreement.
Relief Type:
Cost
Outcome:
Granted
Description:
The costs of the suit were to be paid by the defendant to the plaintiff.
Evidence:
the defendant shall pay the costs of the suit to the plaintiff.
Relief Type:
Charge
Outcome:
Granted
Description:
There shall be a charge on the plaint schedule property for the decreed amount.
Evidence:
There shall be a charge on the plaint schedule property for the decreed amount.
Documents & Evidence
Document Type:
Partition Deed
Submitted By:
Plaintiff
Relevance:
The document establishes the plaintiff's entitlement to the property as per partition.
Reference:
Ext.A1
Document Type:
Jenm Assignment Deed
Submitted By:
Plaintiff
Relevance:
This document is crucial as it shows that the defendant had assigned part of the property in question prior to the sale agreement.
Reference:
Ext.A2
Document Type:
Lawyer Notice
Submitted By:
Plaintiff
Relevance:
The notice details terms related to the sale and the expectations from both parties.
Reference:
Ext.A3
Document Type:
Reply Notice
Submitted By:
Plaintiff
Relevance:
This document represents the plaintiff's formal response to claims made by the defendant.
Reference:
Ext.A4
Document Type:
Sale Agreement
Submitted By:
Plaintiff
Relevance:
The agreement lays out the terms of the sale, including payment details and obligations.
Reference:
Ext.A5
Document Type:
Encumbrance certificate
Submitted By:
Defendant
Relevance:
This document is presented to support the defendant's claim regarding the property.
Reference:
Ext.B1
Document Type:
Oral Evidence
Submitted By:
Unknown
Relevance:
Oral testimonies were presented by witnesses on both sides regarding the case.
Reference:
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Malappuram
State
Kerala
Court Establishment
Munsiff Court, Tirur / Rent Control Court
Common Reasons
Case Code
Case between Saidalavi vs Musthafa regarding return of advance money
Case Code Year
Case between Saidalavi vs Musthafa regarding return of advance money