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
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.
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
Plaintiffs
Sushama (54 years)
Kallara Kuzhiil house, Peruva Kara, Mulakkulam village, Karikode P.O, Vaikom taluk, Pin – 686 610
Soorya Surendran (20 years)
Kallara Kuzhiil house, Peruva Kara, Mulakkulam village, Karikode P.O, Vaikom taluk, Pin – 686 610
Defendants
Lisha Benny (40 years)
Ennakkappily Puthenpurayi house, Oozhakkodu kara, Edakkattuvayal Grama Panchayath, Edakkattuvayal village Kanayannoor taluk, Pin – 682 313
Anugraha (21 years)
Ennakkappily Puthenpurayi house, Oozhakkodu kara, Edakkattuvayal Grama Panchayath, Edakkattuvayal village Kanayannoor taluk, Pin – 682 313
Anisha (19 years)
Ennakkappily Puthenpurayi house, Oozhakkodu kara, Edakkattuvayal Grama Panchayath, Edakkattuvayal village Kanayannoor taluk, Pin – 682 313
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: