Case Summary
The plaintiff, Satheesh Mohan, entered into an agreement for sale with the defendants for purchasing an apartment. After the agreement was cancelled mutually, the defendants failed to refund the brokerage amount agreed upon, leading to this suit for realization of money.
Judgment Outcome
Judgment Favored
Defendant
Relief Granted
Case Type
Civil Suit
Final Judgment
No
The court dismissed the suit as the plaintiff failed to prove that the defendants were liable to pay the claimed amount. The evidence did not sufficiently establish the plaintiff's claim regarding the brokerage.
Key Reasoning:
The plaintiff failed to provide sufficient evidence of the transaction regarding the brokerage amount.
The plaintiff failed to provide sufficient evidence of the transaction regarding the brokerage amount.
Why Defendant Won:
The plaintiff failed to provide sufficient evidence of the transaction regarding the brokerage amount.
The plaintiff failed to provide sufficient evidence of the transaction regarding the brokerage amount.
Supporting Evidence
The court is satisfied that plaintiff has failed to prove case in his favour.
Judgment Evidence:
Hence the suit is dismissed with costs.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Satheesh Mohan
- Party Age
- 40
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Anand Joshy
- Party Age
- 30
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Deepak Joshy
- Party Age
- 27
- Relation
- S/o
Plaintiffs Documents
Agreement of Sale dated 28.11.2018, Cancellation agreement dated 01.11.2019, Cheque bearing no: 182185 drawn on Federal Bank, Kathrikadavu branch for Rs. 1,40,000/-, Dishonour memo dated 03.03.2020, Receipt dated 04.02.2020
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Peeyus A Kottam
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Viswajith A
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- Bissimon
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Refused
Description:
The plaintiff sought to recover an amount of Rs.1,40,000/- from the defendants.
Evidence:
Therefore, court is satisfied that plaintiff has failed to prove case in his favour. Hence issue no 1 is found against plaintiff.
Documents & Evidence
Document Type:
Agreement for sale
Submitted By:
Plaintiff
Relevance:
This document outlines the agreement for the sale of an apartment between the plaintiff and the defendants.
Reference:
Ext.A1
Document Type:
Cancellation Agreement
Submitted By:
Plaintiff
Relevance:
This document indicates the mutual agreement to cancel the sale and outlines the refund conditions.
Reference:
Ext.A2
Document Type:
Cheque
Submitted By:
Plaintiff
Relevance:
The cheque issued by Thulasidas T. for the refundable brokerage amount, which was subsequently dishonoured.
Reference:
Ext.A3
Document Type:
Dishonour memo
Submitted By:
Plaintiff
Relevance:
This memo details the dishonour of the cheque due to insufficient funds.
Reference:
Ext.A4
Document Type:
Receipt
Submitted By:
Plaintiff
Relevance:
This receipt acknowledges the terms of the agreement regarding the cheque and the refund.
Reference:
Ext.A5
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Common Reasons
Non-payment of rent
Case Code
Case between Satheesh Mohan vs Anand Joshy, Deepak Joshy regarding realization of money
Case Code Year
Case between Satheesh Mohan vs Anand Joshy, Deepak Joshy regarding realization of money
Case Flags
Cheque-Related Case
Nature of Cheque Case
Cheque Dishonour under Section 138 N.I. Act