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
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.
Judgment Evidence:
Hence the suit is dismissed with costs.
Parties Involved
Plaintiffs
Satheesh Mohan (40 years)
Flat No. 4112, Prestige Neptune Court Yard, Goshri Road, Marine Drive, Ernakulam North, Pin – 682 018
Defendants
Anand Joshy (30 years)
Flat No. 10D, Mather Serene Orchard, Panampilly Nagar P O, Kadavanthara, Kochi – 682 036
Deepak Joshy (27 years)
Flat No. 10D, Mather Serene Orchard, Panampilly Nagar P O, Kadavanthara, Kochi – 682 036
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