Case Summary
Sandeep C.S filed a suit against Pushpakumari and others for the return of money advanced for the purchase of property. The defendants, being legal heirs of the owner, were unable to execute the sale deed and did not return the sum advanced.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The plaintiff is allowed to realize the plaint claim of ₹.10,00,000 and also to realize 9% interest per annum from the defendants.
Case Type
Civil Suit
Final Judgment
No
The court ruled in favor of the plaintiff, allowing him to recover the advanced sum and interest from the defendants.
Why Plaintiff Won:
The plaintiff provided unrebutted evidence supporting his claim for the return of the advanced amount.
The plaintiff provided unrebutted evidence supporting his claim for the return of the advanced amount.
Losing Side's Weaknesses:
The plaintiff provided unrebutted evidence supporting his claim for the return of the advanced amount.
The plaintiff provided unrebutted evidence supporting his claim for the return of the advanced amount.
Supporting Evidence
From the unrebutted evidence adduced by plaintiff, I hold that the plaintiff is entitled to the relief as prayed for.
Judgment Evidence:
In the result, the suit is decreed with costs as follows: The plaintiff is allowed to realize the plaint claim of ₹.10,00,000 and also to realize 9% interest per annum from the defendants and their assets from the date of the suit ie, 03.11.2021 till realization.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Sandeep C.S
- Party Age
- 31
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Pushpakumari
- Party Age
- 62
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Krishna Raj P.S
- Party Age
- 41
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Divya Pradeep
- Party Age
- 39
- Relation
- D/o
Plaintiffs Documents
Original agreement dated 30.10.2018, Copy of settlement deed No.1323/2015, Copy of land tax receipt dated 18.09.2018, Original loan pass book
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- M.P.Muraleedharan
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Sindhumol S
- Appearance Type
- Assisting Counsel
- Party Role
- Plaintiff
- Advocate Name
- Yedukrishna S
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- S.N.Jayachandran
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
The plaintiff is allowed to realize the plaint claim of ₹.10,00,000/- along with 9% interest from the defendants.
Evidence:
In the result, the suit is decreed with costs as follows: The plaintiff is allowed to realize the plaint claim of ₹.10,00,000/- (Rupees Ten Lakh only) and also to realize 9% interest per annum from the defendants.
Documents & Evidence
Document Type:
Original agreement
Submitted By:
Plaintiff
Relevance:
The document evidences the agreement dated 30.10.2018 for the sale of the property.
Reference:
Ext.A1
Document Type:
Settlement Deed
Submitted By:
Plaintiff
Relevance:
This document serves as proof of ownership of the property by the deceased owner, Sri. P.K. Sreenivas.
Reference:
Ext.A2
Document Type:
Land Tax Receipt
Submitted By:
Plaintiff
Relevance:
This receipt establishes the tax payment on the property prior to the agreement.
Reference:
Ext.A3
Document Type:
Loan Pass Book
Submitted By:
Plaintiff
Relevance:
This document is related to the financial dealings of the defendants with the cooperative society.
Reference:
Ext.A4
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Kottayam
State
Kerala
Court Establishment
Munsiff Court Vaikom
Common Reasons
Recovery of money
Case Code
Case between Sandeep C.S vs Pushpakumari et al regarding return of money advanced
Case Code Year
Case between Sandeep C.S vs Pushpakumari et al regarding return of money advanced