Case Summary
Shinu Hariharan is the plaintiff seeking to recover Rs. 2 lakhs from the defendant, P.P. Leela, due to a breach of contract related to a sale agreement for property. The defendant failed to provide necessary documents and did not comply with the agreement terms.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The defendant is directed to pay the amount of Rs. 2,86,657/- along with 12% per annum interest from the date of suit.
Case Type
Civil Suit
Final Judgment
No
The court decreed the suit in favor of the plaintiff, directing the defendant to pay Rs. 2,86,657/- along with interest and establishing a charge over the property in question.
Why Plaintiff Won:
The court found the plaintiff's evidence unchallenged and established the defendant's liability to pay the amount due based on the breach of the sale agreement.
The court found the plaintiff's evidence unchallenged and established the defendant's liability to pay the amount due based on the breach of the sale agreement.
Losing Side's Weaknesses:
The court found the plaintiff's evidence unchallenged and established the defendant's liability to pay the amount due based on the breach of the sale agreement.
The court found the plaintiff's evidence unchallenged and established the defendant's liability to pay the amount due based on the breach of the sale agreement.
Supporting Evidence
The unchallenged evidence of PW1 along with the documents marked as Ext.A1 to A5, in the absence of any contra evidence proves the case of the plaintiff that the defendants are liable to pay the amount due.
Judgment Evidence:
In the result, the suit is decreed with costs as follows: The defendant is hereby directed to pay the amount of Rs. 2,86,657/- along with 12% per annum as interest from the date of suit till the date of decree and with future interest at the rate of 6% per annum, till realization and there will be a charge over the plaint schedule property for the amount due from the defendant.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Shinu Hariharan
- Party Age
- 36
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- P.P. Leela
- Party Age
- 75
- Relation
- D/o
Plaintiffs Documents
Sale agreement dated 10.01.2019, Portion written by the defendant on the rear side of the 1st page of the agreement dated 11.02.2022, office copy of the lawyer notice dated 05.08.2022, Postal receipt 05.08.2022, Acknowledgment card.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Hashim Althaf
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- C.K. Sindhu
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
The defendant is directed to pay the amount of Rs. 2,86,657/- along with interest.
Evidence:
In the result, the suit is decreed with costs as follows: The defendant is hereby directed to pay the amount of Rs. 2,86,657/- along with 12% per annum as interest from the date of suit till the date of decree.
Relief Type:
Charge over Property
Outcome:
Granted
Description:
Charge over the plaint schedule property for the amount due from the defendant.
Evidence:
and there will be a charge over the plaint schedule property for the amount due from the defendant.
Documents & Evidence
Document Type:
Sale Agreement
Submitted By:
Plaintiff
Relevance:
This document is the sale agreement dated 10.01.2019, which is central to the plaintiff's claim.
Reference:
Ext.A1
Document Type:
Written Portion
Submitted By:
Plaintiff
Relevance:
This document contains a portion written by the defendant on the rear side of the sale agreement, relevant to the case.
Reference:
Ext.A2
Document Type:
Lawyer Notice
Submitted By:
Plaintiff
Relevance:
This is the office copy of the lawyer notice dated 05.08.2022 sent by the plaintiff to the defendant.
Reference:
Ext.A3
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
This document is the postal receipt dated 05.08.2022, evidencing communication from the plaintiff.
Reference:
Ext.A4
Document Type:
Acknowledgment card
Submitted By:
Plaintiff
Relevance:
This document is the acknowledgment card related to the communication from the plaintiff.
Reference:
Ext.A5
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Kolenchery
Common Reasons
Breach of Contract
Case Code
Case between Shinu Hariharan vs P.P. Leela regarding realization of money
Case Code Year
Case between Shinu Hariharan vs P.P. Leela regarding realization of money