Case Summary
The plaintiff, Sha Salim, filed a suit against Yahiya for realization of an amount of Rs.50,279/- due to breach of a sale agreement regarding property. The court found that the plaintiff was entitled to the amount claimed as the defendant failed to perform his part of the agreement.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Rs.50,279/- together with interest at the rate of 12% per annum from the date of suit till the date of decree and at the rate of 6% per annum from the date of decree till realization
Case Type
Civil Suit
Final Judgment
No
The suit is decreed in favor of the plaintiff, who is entitled to realize Rs.50,279/- together with interest from the defendant.
Why Plaintiff Won:
The defendant failed to perform his part of the agreement and there was no evidence to suggest repayment.
The defendant failed to perform his part of the agreement and there was no evidence to suggest repayment.
Losing Side's Weaknesses:
The defendant failed to perform his part of the agreement and there was no evidence to suggest repayment.
The defendant failed to perform his part of the agreement and there was no evidence to suggest repayment.
Supporting Evidence
The evidence of PW1, and Exts.A1 to A8 would substantiate the plaint claim. There is no contra evidence to prove otherwise. Thus, it can be concluded that the plaintiff is entitled to realize the plaint claim from the defendant.
Judgment Evidence:
In the result, the suit is decreed as follows: Plaintiff is entitled to realise an amount of Rs.50,279/- (Rupees Fifty Thousand Two Hundred and Seventy Nine only) together with interest at the rate of 12% per annum from the date of suit till the date of decree and at the rate of 6% per annum from the date of decree till realisation, from the defendant and his assets, with costs.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Sha Salim
- Party Age
- 39
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Yahiya
- Party Age
- 65
- Relation
- S/o
Plaintiffs Documents
Special Power of Attorney, Land tax receipt, Photocopy of sale deed No. 3617/2010, Agreement for sale, Statement of account, Legal notice, Postal receipt
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- A. Abdul Khalam
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Nazrin A Khalam
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Niveditha. P
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Jayasree. K
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff is entitled to realise the amount of Rs.50,279/- with interest.
Evidence:
In the result, the suit is decreed as follows: Plaintiff is entitled to realise an amount of Rs.50,279/- (Rupees Fifty Thousand Two Hundred and Seventy Nine only) together with interest at the rate of 12% per annum from the date of suit till the date of decree.
Documents & Evidence
Document Type:
Special Power of Attorney
Submitted By:
Plaintiff
Relevance:
Authored document for representation in court.
Reference:
Ext.A1
Document Type:
Land Tax Receipt
Submitted By:
Plaintiff
Relevance:
Proof of property tax payment.
Reference:
Ext.A2
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
Document evidencing the sale of the property.
Reference:
Ext.A3
Document Type:
Agreement for sale
Submitted By:
Plaintiff
Relevance:
Main agreement establishing sale terms.
Reference:
Ext.A4
Document Type:
Agreement for sale
Submitted By:
Plaintiff
Relevance:
Extension of the agreement for sale.
Reference:
Ext.A5
Document Type:
Statement of Account
Submitted By:
Plaintiff
Relevance:
Document indicating payments made.
Reference:
Ext.A6
Document Type:
Legal Notice
Submitted By:
Plaintiff
Relevance:
Legal notice sent to the defendant regarding the sale agreement.
Reference:
Ext.A7
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
Proof of dispatch of legal notice.
Reference:
Ext.A8
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Kollam
State
Kerala
Court Establishment
Munsiff Court Kollam
Common Reasons
Case Code
Case between Sha Salim vs Yahiya regarding realization of money
Case Code Year
Case between Sha Salim vs Yahiya regarding realization of money