Case Summary
The case involves a plaintiff, Sudev, who entered into an agreement with the defendant, Shobhanan, to purchase property. The plaintiff seeks realization of an advance payment made as the defendant failed to execute the sale deed.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
An amount of Rs.1,15,500/- together with interest at the rate of 12% per annum from the date of suit till the date of decree.
Case Type
Civil Suit
Final Judgment
No
The suit is decreed in favor of the plaintiff, entitling him to recover Rs.1,15,500/- with interest from the defendant.
Why Plaintiff Won:
The evidence supports the plaintiff's claim for realization of the advance payment.
The evidence supports the plaintiff's claim for realization of the advance payment.
Losing Side's Weaknesses:
The evidence supports the plaintiff's claim for realization of the advance payment.
The evidence supports the plaintiff's claim for realization of the advance payment.
Supporting Evidence
Thus, it can be concluded that the plaintiff is entitled to realize the plaint claim from the defendant. Point No.1 is answered accordingly, infavour of the plaintiff.
Judgment Evidence:
In the result, the suit is decreed as follows: Plaintiff is entitled to realise an amount of Rs.1,15,500/- (Rupees One Lakh Fifteen Thousand only) together with interest at the rate of 12% per annum from the date of suit till the date of decree and at the rate of 6% per annum from the date of decree till realisation, from the defendant and his assets, with costs.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Sudev
- Party Age
- 43
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Shobhanan
- Party Age
- 55
- Relation
- S/o
Plaintiffs Documents
Sale Agreement dated 31/07/2022, Sale Agreement dated 09/05/2023, Sale Agreement dated 08/08/2023, Lawyer’s Notice dated 06/11/2023, Postal Receipt dated 06/11/2023, Partition deed No. 2163/2017.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Girijakumari. S
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff is entitled to realize Rs.1,15,500/- from the defendant.
Evidence:
Hence, the suit is decreed as follows: Plaintiff is entitled to realise an amount of Rs.1,15,500/- (Rupees One Lakh Fifteen Thousand only) together with interest at the rate of 12% per annum from the date of suit till the date of decree.
Documents & Evidence
Document Type:
Sale Agreement
Submitted By:
Plaintiff
Relevance:
This document is the initial agreement for the sale of the property, establishing the terms and conditions for the transaction.
Reference:
Ext.A1
Document Type:
Sale Agreement
Submitted By:
Plaintiff
Relevance:
This document is the second sale agreement which reaffirmed the commitment to sell the property.
Reference:
Ext.A2
Document Type:
Sale Agreement
Submitted By:
Plaintiff
Relevance:
This document is the third sale agreement indicating an extension of time to complete the sale.
Reference:
Ext.A3
Document Type:
Lawyer’s Notice
Submitted By:
Plaintiff
Relevance:
This document is a lawyer's notice issued to the defendant communicating the plaintiff's readiness to perform his part of the agreement.
Reference:
Ext.A4
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
This document serves as evidence of the lawyer's notice being sent to the defendant.
Reference:
Ext.A5
Document Type:
Partition Deed
Submitted By:
Plaintiff
Relevance:
This document establishes the ownership and parameters of the property in question.
Reference:
Ext.A6
Case Classification
Case Type
Civil Suit
Category
Money and Loan Recovery
District
Kollam
State
Kerala
Court Establishment
Munsiff Court Kollam
Common Reasons
Realization of Money
Case Code
Case between Sudev vs Shobhanan regarding realization of money.
Case Code Year
Case between Sudev vs Shobhanan regarding realization of money.