Case Summary
The plaintiff, Shajahan, claims that the defendant, Abdul Azees, failed to execute a sale deed for land after receiving an advance payment as per their agreement. The defendant denies the allegations, asserting that the agreement is forged and there were no funds exchanged as claimed.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The plaintiff is entitled to realize ₹2,50,000/- with interest @ 6% per annum from the date of the suit till the date of realization.
Case Type
Civil Suit
Final Judgment
No
The court ruled in favor of the plaintiff, ordering the defendant to pay ₹2,50,000/- plus interest, affirming the existence of the agreement.
Why Plaintiff Won:
The agreement was deemed valid and there was evidence the defendant received the advance payment.
The agreement was deemed valid and there was evidence the defendant received the advance payment.
Losing Side's Weaknesses:
The agreement was deemed valid and there was evidence the defendant received the advance payment.
The agreement was deemed valid and there was evidence the defendant received the advance payment.
Supporting Evidence
The contentions of DW1 would show that he executed Ext.A1 without any intention to fulfill the conditions therein. Hence, plaintiff is entitled to get ₹2,50,000/- from the defendant.
Judgment Evidence:
In the result, the suit is decreed as follows: 1 The plaintiff is entitled to realize ₹2,50,000/- (Rupees Two Lakhs Fifty Thousand only) with interest @ 6% per annum from the date of suit till the date of realization of the amount from the defendant and his assets.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Shajahan
- Party Age
- 49
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Abdul Azees
- Relation
- S/o
Plaintiffs Documents
A1 11.04.2016 Sale agreement between M.A Shajan, S/o Abdukhadar & Abdul Azeez, S/o Pillayappa.
Defendants Documents
B1 29.09.1998 Pattayam No. 2091/98 issued by Special Tahsildar (L.A No. 1), Kanjirappally, B2 15.01.2025 Building Tax (Internet Payment Receipt) Receipt No. 6057111007353 issued from Mundkayam Grama Panchayat, B3 13.12.2021 Tax receipt, Thandaper No. 3681 issued from Erumely North Village, B4 01.03.2025 Copy of Building Tax Assessment report, B5 Nil A record of money transaction written in handwriting from 2015-16 (8 Page).
Advocates
- Party Role
- Plaintiff
- Advocate Name
- P.H. Parikutty
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Adv. Jayapal
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- Justin David
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff sought recovery of ₹2,50,000/- with interest from the defendant.
Evidence:
Hence, plaintiff is entitled to get ₹2,50,000/- from the defendant.
Relief Type:
Costs
Outcome:
Granted
Description:
Plaintiff sought to recover the costs of the suit from the defendant.
Evidence:
The plaintiff is also entitled to recover the costs of the suit from the defendant or his assets.
Documents & Evidence
Document Type:
Sale Agreement
Submitted By:
Plaintiff
Relevance:
This document was used to establish the existence of an agreement for sale between the plaintiff and defendant regarding the disputed property.
Reference:
Ext.A1
Document Type:
Pattayam
Submitted By:
Defendant
Relevance:
This document was marked to support the defendant's claim of joint ownership of the property with his wife.
Reference:
Ext.B1
Document Type:
Building Tax Receipt
Submitted By:
Defendant
Relevance:
This document serves as evidence relating to the tax obligations associated with the property in question.
Reference:
Ext.B2
Document Type:
Land Tax Receipt
Submitted By:
Defendant
Relevance:
This document was used to show the tax records related to the property ownership.
Reference:
Ext.B3
Document Type:
Tax Assessment Report
Submitted By:
Defendant
Relevance:
This document provides additional information on the tax status of the property.
Reference:
Ext.B4
Document Type:
Record of money transaction
Submitted By:
Defendant
Relevance:
This document was presented by the defendant to establish the accounts of business transactions between the parties.
Reference:
Ext.B5
Case Classification
Case Type
Civil Suit
Category
Recovery of Money
District
Kottayam
State
Kerala
Court Establishment
Munsiff Court Kanjirappally
Common Reasons
Non-payment of rent
Case Code
O.S
Case Code Year
2019
Case Flags
Cheque-Related Case
Nature of Cheque Case
Cheque issued towards legally enforceable debt