Case Summary
The plaintiff, Sunil, a businessman, is seeking to recover money from Antony and his legal heirs for a contract breach regarding land leveling work. The plaintiff states that he paid Rs.2,55,000 to the defendant, who failed to complete the work and did not return the money.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Amount of Rs.4,84,437 along with interest and costs.
Case Type
Civil Suit
Final Judgment
No
The court decreed in favor of the plaintiff, allowing him to recover Rs.4,84,437 along with interest and costs from the defendants.
Why Plaintiff Won:
The plaintiff successfully established his claim through unrebutted evidence.
The plaintiff successfully established his claim through unrebutted evidence.
Losing Side's Weaknesses:
The plaintiff successfully established his claim through unrebutted evidence.
The plaintiff successfully established his claim through unrebutted evidence.
Supporting Evidence
The unrebutted oral testimony of PW1 and Exts. A1 to A4 established the case as pleaded by the plaintiff.
Judgment Evidence:
In the result, suit is decreed as follows; 1.The plaintiffs are entitled to realize an amount of Rs.4,84,437/- from the 2nd and 3rd defendants and from their assets.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Sunil
- Party Age
- 37
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Antony
- Party Age
- 63
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Annie Antony
- Party Age
- 63
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Varun Antony
- Party Age
- 18
- Relation
- S/o
Plaintiffs Documents
Original agreement dated 06.12.2014, Original agreement dated 08.05.2017, Copy of lawyer's notice dated 12.11.2018, Original acknowledgment card.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- M.M. Mathew
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- K.P. Suresh Kumar
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sabu P. Joseph
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- C.N. Sreekumar
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Manju Paul
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Anil Prasad
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- P.S. Sujeth
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- M.R. Reena
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
The plaintiffs are entitled to realize an amount of Rs.4,84,437/- from the 2nd and 3rd defendants.
Evidence:
In the result, suit is decreed as follows; 1.The plaintiffs are entitled to realize an amount of Rs.4,84,437/- (Rupees Four Lakh Eighty Four Thousand Four Hundred and Thirty Seven only) from the 2nd and 3rd defendants and from their assets.
Relief Type:
Recovery
Outcome:
Granted
Description:
The plaintiffs are entitled to realize interest @ 12% per annum for Rs.4,84,437/- from the date of suit till date decree.
Evidence:
The plaintiffs are entitled to realize interest @ 12% per annum for Rs.4,84,437/- (Rupees Four Lakh Eighty Four Thousand Four Hundred and Thirty Seven only) from the date of suit till date decree.
Relief Type:
Recovery
Outcome:
Granted
Description:
The plaintiffs are entitled to realize interest @ 6% per annum for Rs.4,84,437/- from date of decree till date of realization.
Evidence:
The plaintiffs are entitled to realize interest @ 6% per annum for Rs.4,84,437/- (Rupees Four Lakh Eighty Four Thousand Four Hundred and Thirty Seven only) from date of decree till date of realization.
Relief Type:
Recovery
Outcome:
Granted
Description:
The plaintiffs are entitled to realize costs of the suit from the 2nd and 3rd defendants.
Evidence:
The plaintiffs are entitled to realize costs of the suit from the 2nd and 3rd defendants and from their assets.
Documents & Evidence
Document Type:
Original agreement
Submitted By:
Plaintiff
Relevance:
This document is the original agreement dated 06.12.2014, which was relied upon by the court to establish the defendant's obligation to fill the land.
Reference:
Ext.A1
Document Type:
Original agreement
Submitted By:
Plaintiff
Relevance:
This document is the original agreement dated 08.05.2017 where the defendant acknowledged liability to repay the amount.
Reference:
Ext.A2
Document Type:
Copy of Lawyer's notice
Submitted By:
Plaintiff
Relevance:
This document is the copy of the lawyer's notice dated 12.11.2018 issued by the plaintiff to demand repayment.
Reference:
Ext.A3
Document Type:
Original acknowledgment card
Submitted By:
Plaintiff
Relevance:
This document is the original acknowledgment card, which confirmed receipt of the notice by the defendant.
Reference:
Ext.A4
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Common Reasons
Case Code
Case between Sunil vs Antony et al regarding realization of money.
Case Code Year
Case between Sunil vs Antony et al regarding realization of money.