Case Summary
The plaintiff Suresh is claiming the return of advance money from the defendants Muhammed Shaji and his wife Linu Shaji due to a failed property transaction. The defendants' claims counter the plaintiff's assertion of an agreement for sale.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
₹5,00,000/- with interest at the rate of 12% per annum from the date of suit till decree
Case Type
Civil Suit
Final Judgment
No
The suit is partly decreed, awarding the plaintiff ₹5,00,000/- to be paid by the 2nd defendant with interest. The claim against the 1st defendant was not upheld.
Why Plaintiff Won:
The evidence was sufficient to prove the borrowing of money and the obligation to return it.
The evidence was sufficient to prove the borrowing of money and the obligation to return it.
Losing Side's Weaknesses:
Not available
Not available
Supporting Evidence
The evidence available before the court is sufficient to establish that 2nd defendant borrowed money from plaintiff.
Judgment Evidence:
In the result, the suit is partly decreed as follows; 1 The plaintiff is entitled to realize ₹5,00,000/- (Rupees Five Lakhs only) with interest at the rate of 12% per annum from the date of suit till the date of the decree and future interest at the rate of 6% per annum from the date of decree till realization from the 2nd defendant and her assets.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Suresh
- Party Age
- 39
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Muhammed Shaji
- Party Age
- 48
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Linu Shaji
- Party Age
- 43
- Relation
- W/o
Plaintiffs Documents
Agreement dated 23.09.2019, Lawyer's notice dated 18.03.2020, Postal Receipt dated 19.03.2020, A.D. Card dated 01.07.2020.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Alex J. Edackattu
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Aloysius John Madathinakam
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- Samsan Joseph
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Partly Granted
Description:
The plaintiff is entitled to realize ₹5,00,000/- along with interest from the second defendant.
Evidence:
The suit is partly decreed as follows; 1 The plaintiff is entitled to realize ₹5,00,000/- (Rupees Five Lakhs only) with interest at the rate of 12% per annum from the date of suit till the date of the decree and future interest at the rate of 6% per annum from the date of decree till realization from the 2nd defendant and her assets.
Relief Type:
Recovery
Outcome:
Partly Granted
Description:
The plaintiff is entitled to realize the costs of the suit from the second defendant.
Evidence:
The plaintiff is also entitled to realize the costs of the suit from the 2nd defendant and her assets.
Documents & Evidence
Document Type:
Agreement
Submitted By:
Plaintiff
Relevance:
This document is an agreement dated 23.09.2019 between Linu Shaji and Suresh, which the plaintiff relied on to substantiate his claim for the realization of money.
Reference:
Ext.A1
Document Type:
Lawyer's Notice
Submitted By:
Plaintiff
Relevance:
This document is the office copy of a lawyer's notice prepared by Advocate Alex J. Edackattu, informing the second defendant about the demand for the return of the advance amount.
Reference:
Ext.A2
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
This document is a postal receipt that supports the claim of the plaintiff regarding the communication sent to the second defendant.
Reference:
Ext.A3
Document Type:
Acknowledgment card
Submitted By:
Plaintiff
Relevance:
This document is an acknowledgment card that verifies the receipt of the lawyer's notice by the second defendant.
Reference:
Ext.A4
Case Classification
Case Type
Civil Suit
Category
Recovery and Other Civil Cases
District
Kottayam
State
Kerala
Court Establishment
Munsiff Court Kanjirappally
Common Reasons
Non-payment of rent
Case Code
O.S
Case Code Year
2020