Case Summary
The plaintiff Sudheesh Kumar T.S is seeking recovery of money from the defendant Subhadra. The dispute arose from a failed property sale agreement and the defendant's refusal to return an advance payment.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The plaintiff is entitled to realise an amount of Rs. 3,21,300/- together with interest at the rate of 12% per annum from the date of suit till realisation, from the defendant and her assets, with costs.
Case Type
Civil Suit
Final Judgment
No
The suit is decreed in favor of the plaintiff, allowing him to recover the claimed amount along with interest and costs.
Why Plaintiff Won:
The evidence of the plaintiff and the documents produced substantiated the claim.
The evidence of the plaintiff and the documents produced substantiated the claim.
Losing Side's Weaknesses:
The evidence of the plaintiff and the documents produced substantiated the claim.
The evidence of the plaintiff and the documents produced substantiated the claim.
Supporting Evidence
The evidence of PW1, and Exts.A1 to A5 would substantiate the plaint claim. There is no contra evidence to prove otherwise.
Judgment Evidence:
In the result, the suit is decreed with costs as follows: The plaintiff is entitled to realise an amount of Rs. 3,21,300/- (Rupees Three Lakhs Twenty One Thousand Three Hundred only) together with interest at the rate of 12% per annum for the principal amount of Rs. 3,00,000/- from the date of suit till realisation, from the defendant and her assets, with costs.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Sudheesh Kumar T.S
- Party Age
- 40
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Subhadra
- Relation
- W/o
Plaintiffs Documents
Agreement for sale dated 07/11/2022, Agreement dated 14/02/2023, Legal notice dated 14/08/2023, Postal receipt, Returned postal article.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- G. Bimal Raj
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Akhil. B
- Appearance Type
- Assisting Counsel
- Party Role
- Plaintiff
- Advocate Name
- S. Anilkumar
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- Renu S. Rejan
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sumith Mohan
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
The suit is decreed allowing the plaintiff to recover the amount owed by the defendant.
Evidence:
In the result, the suit is decreed with costs as follows: The plaintiff is entitled to realise an amount of Rs. 3,21,300/-...
Documents & Evidence
Document Type:
Agreement for sale
Submitted By:
Plaintiff
Relevance:
The document evidences the agreement between the plaintiff and defendant regarding the sale of the property.
Reference:
Ext.A1
Document Type:
Agreement
Submitted By:
Plaintiff
Relevance:
This document states the defendant's agreement to repay the advance payment made by the plaintiff.
Reference:
Ext.A2
Document Type:
Office copy of Lawyer’s Notice
Submitted By:
Plaintiff
Relevance:
This legal notice demanded repayment of the advance amount from the defendant.
Reference:
Ext.A3
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
This document serves as proof of sending the legal notice.
Reference:
Ext.A4
Document Type:
Returned envelope and acknowledgment card
Submitted By:
Plaintiff
Relevance:
This indicates the delivery of the legal notice to the defendant.
Reference:
Ext.A5
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Kollam
State
Kerala
Court Establishment
Munsiff Court Kollam
Common Reasons
Recovery of money
Case Code
Case between Sudheesh Kumar T.S vs Subhadra regarding Recovery of Money
Case Code Year
Case between Sudheesh Kumar T.S vs Subhadra regarding Recovery of Money