Case between Sukumaran Nair et al vs Thomas et al regarding realization of money

Case Summary

The plaintiffs, Sukumaran Nair, Vasudevan Nair, and Dileep Kumar, seek to recover a sum of ₹6,25,000 from the defendants, Thomas, Kuriachan Thomas, and others, due to a breach of an agreement for the sale of property. The defendants received this amount as advance sale consideration but failed to fulfill their obligations under the agreement.

Judgment Outcome

Plaintiff Won

Interim Order

The suit is decreed in favor of the plaintiff, granting them the amount of ₹6,25,000 with additional interest at 6% per annum from the date of the suit until realization. The defendants are also ordered to pay the costs of the suit.

Judgment Favored

Plaintiff

Relief Granted

An amount of ₹6,25,000 with additional interest at 6% per annum and costs.

Case Type

Civil Suit

Final Judgment

No

The suit is decreed in favor of the plaintiff, granting them the amount of ₹6,25,000 with additional interest at 6% per annum from the date of the suit until realization. The defendants are also ordered to pay the costs of the suit.

Why Plaintiff Won:
The plaintiffs proved their case through unchallenged testimony and evidence of the advance payment made under the agreement.

Losing Side's Weaknesses:
The plaintiffs proved their case through unchallenged testimony and evidence of the advance payment made under the agreement.

Supporting Evidence

The unchallenged testimony of PW1 proved the case of the plaintiff. From the unrebutted evidence of PW1 and Ext.A1, it is proved that defendants after receiving ₹6,25,000/- towards sale consideration, defaulted repayment of the same despite repeated demands.

Judgment Evidence:

In the result, the suit is decreed with costs as follows; Defendants are directed to pay an amount of ₹6,25,000/- (Rupees Six Lakhs Twenty Five Thousand only) and additional interest @ 6% interest per annum to the first plaintiff from the date of the suit till the date of realisation.

Parties Involved

Parties

Party Role: Plaintiff
Party Name: Sukumaran Nair
Party Age: 57
Relation: S/o

Party Role: Plaintiff
Party Name: Vasudevan Nair
Party Age: 67
Relation: S/o

Party Role: Plaintiff
Party Name: Dileep Kumar
Party Age: 39
Relation: S/o

Party Role: Defendant
Party Name: Thomas
Party Age: 82
Relation: S/o

Party Role: Defendant
Party Name: Kuriachan Thomas
Party Age: 40
Relation: S/o

Party Role: Defendant
Party Name: Marykutty Thomas
Party Age: 73
Relation: W/o

Party Role: Defendant
Party Name: Ancy Thomas
Party Age: 58
Relation: D/o

Party Role: Defendant
Party Name: Jincy Thomas
Party Age: 50
Relation: D/o

Plaintiffs Documents

Exhibit A1 13.12.2019 Agreement

Defendants Documents

Advocates

Party Role: Plaintiff
Advocate Name: Francis Mathew
Appearance Type: Main Counsel

Party Role: Plaintiff
Advocate Name: K. C Thomas
Appearance Type: Main Counsel

Reliefs

Relief Type: Recovery

Outcome: Granted

Description:

Plaintiffs are entitled to realize an amount of ₹6,25,000/- with interest from the defendants.

Evidence:

I find that plaintiffs are entitled to realize an amount of Rs.6,25,000/- with interest from the defendants.

Relief Type: Costs

Outcome: Granted

Description:

First plaintiff is entitled to recover the costs from the defendants.

Evidence:

Therefore, I am of the view that the first plaintiff is entitled to realise the costs of the suit from the defendants.

Documents & Evidence

Document Type: Agreement

Submitted By: Plaintiff

Relevance:

Agreement dated 13.12.2019 executed by the first plaintiff and defendants for sale of the plaint schedule property.

Reference:

Ext.A1

Case Classification