Case Summary
Shameem Kharim filed a suit against Sudishkumar.M.S for the recovery of Rs.10,00,000/- paid as advance for a property sale agreement. The defendant failed to comply with the agreement terms and did not return the advance amount.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Defendants shall pay Rs.10,00,000/- along with interest @ 12% from 22.03.2023 till the date of decree and 6% from the date of decree till payment or realization.
Case Type
Civil Suit
Final Judgment
No
Why Plaintiff Won:
The plaintiff established a case by proving the advance payment and the breach of agreement by the defendant.
The plaintiff established a case by proving the advance payment and the breach of agreement by the defendant.
Judgment Evidence:
In the result, suit is decreed as follows: 1) Defendants shall pay Rs.10,00,000/- (Rupees Ten lakhs only) along with interest @ 12% from 22.03.2023 till the date of decree and 6% from the date of decree till payment or realization, as the case may be, to the plaintiff.
Parties Involved
Plaintiffs
Shameem Kharim (54 years years)
Shameem Manzil, Vidakuzha, Near AKG colony, Thaikattukara.P.O, Aluva Taluk, Eakulam district, Pin 683 104.
Defendants
Sudishkumar.M.S (51 years years)
Manathupadam House, Changampuzha Nagar.P.O., Ernakulam – 682 033.
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Defendants shall pay Rs.10,00,000/- along with interest @ 12% from 22.03.2023 till the date of decree and 6% from the date of decree till payment or realization.
Evidence:
Defendants shall pay Rs.10,00,000/- (Rupees Ten lakhs only) along with interest @ 12% from 22.03.2023 till the date of decree and 6% from the date of decree till payment or realization, as the case may be, to the plaintiff.
Relief Type:
Other
Outcome:
Granted
Description:
Plaintiff is also entitled to realize the costs of the suit.
Evidence:
Plaintiff is also entitled to realize the costs of the suit.
Documents & Evidence
Document Type:
Sale Agreement
Submitted By:
Plaintiff
Relevance:
Shows that on 21.12.2021, plaintiff and defendant entered into an agreement for sale for a total consideration of Rs.1,12,50,000/-.
Reference:
Ext.A1
Document Type:
Title deed
Submitted By:
Plaintiff
Relevance:
Is the copy of title deed of defendant dated 07.12.2002.
Reference:
Ext.A2
Document Type:
Complaint
Submitted By:
Plaintiff
Relevance:
Is the copy of complaint against defendant dated 11.10.2022 filed by plaintiff before Kalamasherry police station.
Reference:
Ext.A3
Document Type:
Lawyers notice
Submitted By:
Plaintiff
Relevance:
Is the copy of lawyers notice dated 27.06.2022.
Reference:
Ext.A4