Case Summary
The plaintiffs, Sushama and her daughter Soorya, seek to recover a payment from the defendants, who are the legal heirs of the deceased Benny Paul. They allege that the defendants failed to honor a sale agreement for property, thereby causing financial loss.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Rs. 2,50,000 along with interest at the rate of 6% per annum from 14/11/2019 until realization and a charge upon the plaint schedule property.
Case Type
Civil Suit
Final Judgment
No
The court ruled in favor of the plaintiffs, ordering the defendants to pay them the amount of ₹2,50,000 along with interest. The judgment creates a charge on the property involved in the transaction.
Why Plaintiff Won:
The plaintiffs proved their claim through documentary evidence confirming payments made to the deceased and the legal heirs' responsibility to honor the debt.
The plaintiffs proved their claim through documentary evidence confirming payments made to the deceased and the legal heirs' responsibility to honor the debt.
Losing Side's Weaknesses:
The plaintiffs proved their claim through documentary evidence confirming payments made to the deceased and the legal heirs' responsibility to honor the debt.
The plaintiffs proved their claim through documentary evidence confirming payments made to the deceased and the legal heirs' responsibility to honor the debt.
Supporting Evidence
The payment of a total of ₹7,50,000 from the 1st plaintiff to late Mr. Benny Paul is proved to the satisfaction of this court.
Judgment Evidence:
In the result, the suit is decreed as follows. 1)The defendants are directed to pay the 1st plaintiff Rs. 2,50,000/- along with interest at the rate of 6% per annum from 14/11/2019 till realization.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Sushama
- Party Age
- 54
- Relation
- W/o
- Party Role
- Plaintiff
- Party Name
- Soorya Surendran
- Party Age
- 20
- Relation
- D/o
- Party Role
- Defendant
- Party Name
- Lisha Benny
- Party Age
- 40
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Anugraha
- Party Age
- 21
- Relation
- D/o
- Party Role
- Defendant
- Party Name
- Anisha
- Party Age
- 19
- Relation
- D/o
Plaintiffs Documents
Sale Agreement executed between the 1st plaintiff and Late Benny Paul dated 05.07.2018, Agreement executed between the 2nd plaintiff and Late Benny Paul dated 17.01.2019, Sale Agreement executed between 2nd plaintiff and Late Benny Paul dated 14.11.2019.
Defendants Documents
Nil
Advocates
- Party Role
- Plaintiff
- Advocate Name
- P.A.Martin Roy
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Varghese P Chacko
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Dennis Varghese
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
The plaintiffs are entitled to recover Rs. 2,50,000 along with interest.
Evidence:
The plaintiffs are directed to pay the 1st plaintiff Rs. 2,50,000/- along with interest at the rate of 6% per annum from 14/11/2019 till realization.
Relief Type:
Other
Outcome:
Granted
Description:
A charge shall be created upon the plaint schedule property for the amount granted.
Evidence:
There shall be a charge upon the plaint schedule property for the said sum.
Relief Type:
Other
Outcome:
Granted
Description:
Plaintiffs are entitled to costs of the suit.
Evidence:
Hence, the plaintiff is found entitled for costs of the suit.
Documents & Evidence
Document Type:
Sale Agreement
Submitted By:
Plaintiff
Relevance:
This is the primary agreement executed between the 1st plaintiff and late Benny Paul regarding the sale of a property.
Reference:
Ext.A1
Document Type:
Agreement
Submitted By:
Plaintiff
Relevance:
This agreement acknowledges the debt of 7,50,000 and the repayment terms agreed upon by the second plaintiff and late Benny Paul.
Reference:
Ext.A2
Document Type:
Sale Agreement
Submitted By:
Plaintiff
Relevance:
This document acknowledges further payments made by the second plaintiff to late Benny Paul, including a commitment for future payment.
Reference:
Ext.A3
Document Type:
Bank Account statement
Submitted By:
Court
Relevance:
This document provides evidence of the transactions between late Benny Paul and the second plaintiff.
Reference:
Ext.X1
Document Type:
Certificate
Submitted By:
Court
Relevance:
This certificate is produced under the Bankers Book Evidence Act to support the claims regarding financial transactions.
Reference:
Ext.X2
Document Type:
Oral Evidence
Submitted By:
Unknown
Relevance:
Includes testimonies from plaintiffs and their witnesses.
Reference:
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 Sushama W/o Surendran, Soorya Surendran D/o Sushama vs Lisha Benny W/o late Benny Paul, Anugraha D/o late Benny Paul, Anisha D/o late Benny Paul regarding realization of money
Case Code Year
Case between Sushama W/o Surendran, Soorya Surendran D/o Sushama vs Lisha Benny W/o late Benny Paul, Anugraha D/o late Benny Paul, Anisha D/o late Benny Paul regarding realization of money
Case Flags
Cheque-Related Case
Nature of Cheque Case
Cheque Dishonour