Case Summary
Sandeep.P.R. is suing Sajeevan.K.T. for the return of ₹25,000/- which was advanced as part of an agreement to purchase property. The defendant failed to execute the sale deed and did not return the advance amount after the completion of the agreed period.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Plaintiff allowed to realize the plaint claim of ₹26,817/- and 9% interest from the date of the suit till realization.
Case Type
Civil Suit
Final Judgment
No
The suit was decreed in favor of the plaintiff, allowing him to recover ₹26,817/- along with interest from the defendant.
Why Plaintiff Won:
Plaintiff presented unrebutted evidence along with the original agreement to establish the case.
Plaintiff presented unrebutted evidence along with the original agreement to establish the case.
Losing Side's Weaknesses:
Plaintiff presented unrebutted evidence along with the original agreement to establish the case.
Plaintiff presented unrebutted evidence along with the original agreement to establish the case.
Supporting Evidence
From the unrebutted evidence adduced by plaintiff I hold that the plaintiff entitled to the relief as prayed for.
Judgment Evidence:
In the result, the suit was decreed with costs as follows: The plaintiff was allowed to realize the plaint claim of ₹.26,817/- (Rupees Twenty Six Thousand Eight Hundred and Seventeen only) and also to realize 9% interest from the defendant and his assets from the date of the suit ie, 23.02.2022 till realization.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Sandeep.P.R.
- Party Age
- 39
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Sajeevan.K.T.
- Party Age
- 48
- Relation
- S/o
Plaintiffs Documents
Original agreement dated 03.08.2021, Certified copy of sale deed No.1160/2007 of Vaikom SRO.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- K.G.Pradeepan
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- B.Biju
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff allowed to realize the plaint claim of ₹.26,817/- and interest.
Evidence:
The plaintiff was allowed to realize the plaint claim of ₹.26,817/- (Rupees Twenty Six Thousand Eight Hundred and Seventeen only) and also to realize 9% interest from the defendant and his assets from the date of the suit ie, 23.02.2022 till realization.
Documents & Evidence
Document Type:
Original agreement
Submitted By:
Plaintiff
Relevance:
Used to establish the agreement for sale of property and the advance amount received.
Reference:
Ext.A1
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
Certified copy showing ownership of the property being sold by the defendant.
Reference:
Ext.A2
Case Classification
Case Type
Civil Suit
Category
Money and Loan Recovery
District
Kottayam
State
Kerala
Court Establishment
Munsiff Court Vaikom
Common Reasons
Non-payment of rent
Case Code
Case between Sandeep.P.R. vs Sajeevan.K.T. regarding return of money advanced
Case Code Year
Case between Sandeep.P.R. vs Sajeevan.K.T. regarding return of money advanced