Case Summary
Sebastian is the plaintiff who claims that Kurias Thomas, the defendant, failed to fulfill a financial agreement and did not return a paid advance of ₹1 Lakh. The case centers on the validity of the agreement and the dishonored cheque issued by the defendant.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
₹1,00,000 with 12% interest and costs of the suit
Case Type
Civil Suit
Final Judgment
No
The suit is decreed in favor of the plaintiff, awarding him ₹1,00,000 with interest, plus costs of the suit.
Why Plaintiff Won:
The court found the plaintiff's evidence credible and the agreement to be genuine.
The court found the plaintiff's evidence credible and the agreement to be genuine.
Losing Side's Weaknesses:
The court found the plaintiff's evidence credible and the agreement to be genuine.
The court found the plaintiff's evidence credible and the agreement to be genuine.
Supporting Evidence
From the above discussion, court is of the view that plaintiff could prove that Ext A1 is a genuine document and he is entitled to get the advance sale consideration returned.
Judgment Evidence:
In the result, the suit is decreed as follows: The plaintiff is entitled to realize ₹1,00,000/- (Rupees One Lakh only) with 12% interest as on the date of suit.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Sebastian
- Party Age
- 67
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Kurias Thomas
- Party Age
- 44
- Relation
- S/o
Plaintiffs Documents
Agreement dated 04.02.2022, Encumbrance Certificate dated 15.02.2022, Cheque No. 045015 issued on 30.05.2022
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- George Kurian
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- K.S Sajikumar
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff is entitled to realize ₹1,00,000/- with interest.
Evidence:
The plaintiff is entitled to realize ₹1,00,000/- (Rupees One Lakh only) with 12% interest as on the date of suit.
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff is entitled to get costs of the suit from the defendant.
Evidence:
The plaintiff is also entitled to realize the costs of the suit from the defendant.
Documents & Evidence
Document Type:
Agreement for sale
Submitted By:
Plaintiff
Relevance:
Original agreement for sale executed between plaintiff and defendant promising to exchange the plaint schedule property.
Reference:
Ext.A1
Document Type:
Encumbrance certificate
Submitted By:
Plaintiff
Relevance:
Shows that there is a liability of ₹15 Lakhs over the property before the Service Co-operative Bank.
Reference:
Ext.A2
Document Type:
Cheque
Submitted By:
Plaintiff
Relevance:
Cheque issued by defendant in discharge of the liability due to plaintiff.
Reference:
Ext.A3
Case Classification
Case Type
Civil Suit
Category
Money and Loan Recovery
District
Kottayam
State
Kerala
Court Establishment
Munsiff Court Kanjirappally
Common Reasons
Non-payment of rent
Case Code
O.S.
Case Code Year
2023
Case Flags
Cheque-Related Case
Nature of Cheque Case
Cheque Dishonour