Case Summary
Sri.Sri.Kuttoth Manoharan is the plaintiff who filed a suit against Sri.Sooraj.S and Smt.Divya.K regarding the realization of an advance amount related to a property sale. The defendants failed to register the document as promised and issued a cheque that was returned, leading to the suit.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Rs.2,07,870/- with future interest at 12% per annum from the date of suit till the date of decree.
Case Type
Civil Suit
Final Judgment
No
The court decreed the suit in favor of the plaintiff, directing the defendants to pay a specific amount with interest.
Why Plaintiff Won:
The evidence of the plaintiff was unchallenged and established the case for realization of money.
The evidence of the plaintiff was unchallenged and established the case for realization of money.
Losing Side's Weaknesses:
The evidence of the plaintiff was unchallenged and established the case for realization of money.
The evidence of the plaintiff was unchallenged and established the case for realization of money.
Supporting Evidence
The evidence of PW1 and the documents produced by him remains unchallenged. As such, I find that the plaintiff had proved his case and is entitled to a decree as prayed for.
Judgment Evidence:
In the result, suit is decreed as follows:- 1)The defendants are directed to pay an amount of Rs.2,07,870/- (Rupees two lakhs seven thousand eight hundred and seventy only) with future interest at 12% per annum from the date of suit till the date of decree.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Sri.Sri.Kuttoth Manoharan
- Party Age
- 72
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Sri.Sooraj.S
- Party Age
- 48
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Smt.Divya.K
- Party Age
- 38
- Relation
- W/o
Plaintiffs Documents
Cheque No.010751 of Kerala Gramin Bank issued by 1st defendant, Cheque return memo issued by Union Bank of India, Copy of lawyer notice.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri.Manoj.N
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
The defendants are directed to pay an amount of Rs.2,07,870/- with interest to the plaintiff.
Evidence:
the defendants are directed to pay an amount of Rs.2,07,870/- (Rupees two lakhs seven thousand eight hundred and seventy only) with future interest at 12% per annum from the date of suit till the date of decree
Relief Type:
Recovery
Outcome:
Granted
Description:
The plaintiff is entitled to realize costs of the suit from the defendants.
Evidence:
the plaintiff is also entitled to realize costs of the suit from the defendants.
Documents & Evidence
Document Type:
Cheque
Submitted By:
Plaintiff
Relevance:
The cheque issued by the first defendant to the plaintiff as advance refund.
Reference:
Ext.A1
Document Type:
Cheque Return Memo
Submitted By:
Unknown
Relevance:
The return memo issued by the bank for the dishonoured cheque.
Reference:
Ext.A2
Document Type:
Lawyer Notice
Submitted By:
Plaintiff
Relevance:
The notice sent by the plaintiff to the defendants calling for the refund of the advance amount.
Reference:
Ext.A3
Case Classification
Case Type
Civil Suit
Category
Cheque Bounce Cases
District
Kozhikode
State
Kerala
Court Establishment
Munsiff Court 2 Kozhikode
Common Reasons
Cheque dishonour
Case Code
Case between Sri.Sri.Kuttoth Manoharan vs Sri.Sooraj.S et al regarding realization of money.
Case Code Year
Case between Sri.Sri.Kuttoth Manoharan vs Sri.Sooraj.S et al regarding realization of money.
Case Flags
Cheque-Related Case
Nature of Cheque Case
Cheque Dishonour under Section 138 N.I. Act