Case Summary
The plaintiffs, Shyam Vasudevan and Anju PS, have filed a suit against the defendants, Naveen J Antony and Milu Mary G, for the recovery of an advance amount paid under an agreement for sale. The defendants failed to repay the amount, leading to this suit.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The defendants are directed to pay ₹6,00,000 with interest.
Case Type
Civil Suit
Final Judgment
No
The court decreed in favor of the plaintiffs, ruling that the defendants owe them ₹6,00,000 along with interest at 6% per annum. The defendants are directed to pay this amount or the plaintiffs may realise it from the assets of the defendants.
Why Plaintiff Won:
The court found the plaintiffs' evidence convincing and established that the defendants owed the amount claimed.
The court found the plaintiffs' evidence convincing and established that the defendants owed the amount claimed.
Losing Side's Weaknesses:
Not available
Not available
Supporting Evidence
From the uncontested evidence of the PW1, I am of the opinion that the case of the plaintiffs stand proved. There is no reason to disbelieve the evidence tendered by PW1.
Judgment Evidence:
In the result, the suit is decreed as follows: I. The defendants are directed to pay to the plaintiffs, an amount of 6,00,000/- with interest at the rate of 6% per annum (simple interest) from the date of institution of the suit, till its realisation from the defendants or from assets of defendants.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Shyam Vasudevan
- Party Age
- 39
- Relation
- S/o
- Party Role
- Plaintiff
- Party Name
- Anju PS
- Party Age
- 30
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Naveen J Antony
- Party Age
- 36
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Milu Mary G
- Party Age
- 35
- Relation
- W/o
Plaintiffs Documents
Agreement for Sale, Computer print out of confirmation of transactional particulars, Possession Certificate issued by Village Officer, Nadama, Encumbrance Certificate
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Mini Elizabeth George
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Santhosh Peter
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Anoop P. N
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Sandeep Sudhakaran M.S
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Deepika Babu
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
The defendants are directed to pay to the plaintiffs an amount of 6,00,000/- with interest.
Evidence:
I am of the opinion that the defendants owe a total amount of 6,00,000/- to the plaintiff.
Relief Type:
Costs
Outcome:
Granted
Description:
The plaintiffs are entitled to the costs of the suit from the defendants.
Evidence:
Considering the nature of the suit and circumstances surrounding the suit, the plaintiffs are entitled to the costs of the suit from the defendants.
Documents & Evidence
Document Type:
Agreement for sale
Submitted By:
Plaintiff
Relevance:
This document was part of the evidence presented to establish the agreement for sale and the advance payment made by the plaintiffs.
Reference:
Ext.A1
Document Type:
Computer print out of confirmation of transactional particulars
Submitted By:
Plaintiff
Relevance:
This document supported the plaintiffs' claim regarding the transactional details of the agreement.
Reference:
Ext.A2
Document Type:
Possession Certificate issued by Village Officer
Submitted By:
Plaintiff
Relevance:
This document confirmed the possession rights of the plaintiffs as part of their claim.
Reference:
Ext.A3
Document Type:
Encumbrance certificate
Submitted By:
Plaintiff
Relevance:
This document was used to establish the title and absence of encumbrances related to the property in question.
Reference:
Ext.A4
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Common Reasons
Case Code
Case between Shyam Vasudevan et al vs Naveen J Antony et al regarding realisation of money
Case Code Year
Case between Shyam Vasudevan et al vs Naveen J Antony et al regarding realisation of money