Case Summary
The plaintiff, Siju K S, entered into a sale agreement with the defendant, Sajitha Sabu, for purchasing property. The case involves a breach of contract as the defendant failed to execute the sale deed after receiving an advance payment.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The plaintiff is entitled to realize ₹4,77,660/- along with interest and costs of the suit from the defendant.
Case Type
Civil Suit
Final Judgment
No
The suit is decreed in favor of the plaintiff, entitling him to recovery of the advance amount and interest from the defendant.
Why Plaintiff Won:
The plaintiff proved that the defendant breached the contract by not performing as agreed.
The plaintiff proved that the defendant breached the contract by not performing as agreed.
Losing Side's Weaknesses:
The plaintiff proved that the defendant breached the contract by not performing as agreed.
The plaintiff proved that the defendant breached the contract by not performing as agreed.
Supporting Evidence
Ext.A1 and oral evidence of PW1 would show that defendant had not performed her part of contract. She was not ready to return the received sale consideration also.
Judgment Evidence:
In the result, the suit is decreed as follows: 1The plaintiff is entitled to realize ₹4,77,660/- (Rupees Four Lakhs Seventy Seven Thousand Six Hundred and Sixty only) as on the date of suit.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Siju K S
- Party Age
- 48
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Sajitha Sabu
- Party Age
- 27
- Relation
- W/o
Plaintiffs Documents
Ext.A1 original sale agreement executed between plaintiff and defendant on 08.11.2023.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Abraham Thomas
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
The plaintiff is entitled to realize ₹4,77,660/- from the defendant.
Evidence:
In the result, the suit is decreed as follows: 1The plaintiff is entitled to realize ₹4,77,660/- (Rupees Four Lakhs Seventy Seven Thousand Six Hundred and Sixty only) as on the date of suit.
Relief Type:
Recovery
Outcome:
Granted
Description:
The plaintiff is entitled to get interest at the rate 9% per annum on ₹4,50,000/- from the date of suit till the date of decree.
Evidence:
He is also entitled to get interest at the rate 9% per annum on ₹4,50,000/- from the date of suit till the date of decree.
Relief Type:
Recovery
Outcome:
Granted
Description:
The plaintiff is entitled to realize the costs of the suit from the defendant.
Evidence:
The plaintiff is also entitled to realize the costs of the suit from the defendant.
Documents & Evidence
Document Type:
Sale Agreement
Submitted By:
Plaintiff
Relevance:
Original sale agreement executed between plaintiff and defendant on 08.11.2023.
Reference:
Ext.A1
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Kottayam
State
Kerala
Court Establishment
Munsiff Court Kanjirappally
Common Reasons
Breach of Contract
Case Code
O.S
Case Code Year
2024