Case Summary
The plaintiff, Sajeesh.P.M, filed a suit against the defendant, Akhilesh.P, for the return of the advance amount paid in an agreement for sale of property. The plaintiff alleges that the defendant failed to provide the necessary documents and withdrew from the contract.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Defendant is directed to pay Rs.6,51,400/- with interest to the plaintiff.
Case Type
Civil Suit
Final Judgment
No
The court decreed that the defendant must pay the plaintiff an amount of Rs.6,51,400/- along with interest. Additionally, the plaintiff is entitled to recover the costs of the suit from the defendant.
Why Plaintiff Won:
The evidence presented by the plaintiff was not challenged.
The evidence presented by the plaintiff was not challenged.
Losing Side's Weaknesses:
The evidence presented by the plaintiff was not challenged.
The evidence presented by the plaintiff was not challenged.
Supporting Evidence
The evidence of PW1 and the documents produced by PW1 remains unchallenged. As such, I find that the plaintiff had proved his case and is entitled to a decree as prayed for.
Judgment Evidence:
In the result, the suit is decreed as follows: 1) The defendant is directed to pay an amount of Rs.6,51,400/- (Rupees six lakhs fifty one thousand four hundred only) with future interest at 12% per annum from the date of suit till the date of decree and with interest @ 6% per annum from the date of decree till its realization to the plaintiff.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Sajeesh.P.M
- Party Age
- 42
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Akhilesh.P
- Party Age
- 29
- Relation
- S/o
Plaintiffs Documents
Original Sale agreement executed between plaintiff and defendant, Photocopy of Janmam assignment Deed Mo.117/2019 of SRO, Chathamangalam, Copy of lawyer notice sent by plaintiff’s advocate.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri.Sreeraj.P.N
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Reshmi.U.N
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Defendant directed to pay an amount to the plaintiff.
Evidence:
The defendant is directed to pay an amount of Rs.6,51,400/- (Rupees six lakhs fifty one thousand four hundred only) with future interest at 12% per annum from the date of suit till the date of decree and with interest @ 6% per annum from the date of decree till its realization to the plaintiff.
Relief Type:
Other
Outcome:
Granted
Description:
Plaintiff entitled to realize costs of the suit from the defendant.
Evidence:
The plaintiff is also entitled to realize costs of the suit from the defendant.
Documents & Evidence
Document Type:
Original Sale Agreement
Submitted By:
Plaintiff
Relevance:
Executed between plaintiff and defendant.
Reference:
Ext.A1
Document Type:
Photocopy of Janmam Assignment Deed
Submitted By:
Plaintiff
Relevance:
Relates to the plaint schedule property.
Reference:
Ext.A2
Document Type:
Copy of Lawyer Notice
Submitted By:
Plaintiff
Relevance:
Demanding return of the advance amount paid.
Reference:
Ext.A3
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Kozhikode
State
Kerala
Court Establishment
Munsiff Court 2 Kozhikode
Common Reasons
Case Code
Case between Sajeesh.P.M vs Akhilesh.P regarding realisation of advance amount
Case Code Year
Case between Sajeesh.P.M vs Akhilesh.P regarding realisation of advance amount