Case Summary
Ullattu Thodi Saneesh filed a suit against Orma Marble Palace Private Limited for the recovery of an advance amount paid for the sale of property. The defendant failed to provide necessary documents and did not return the advance amount.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The defendant is directed to pay an amount of Rs.7,11,000/- with interest at 12% per annum from the date of suit till the date of decree and with interest @ 6% per annum from the date of decree till its realization.
Case Type
Civil Suit
Final Judgment
No
The suit was decreed in favor of the plaintiff, directing the defendant to pay the plaintiff an amount of Rs.7,11,000/- along with interest.
Why Plaintiff Won:
The evidence presented by the plaintiff was unchallenged and proved his case.
The evidence presented by the plaintiff was unchallenged and proved his case.
Losing Side's Weaknesses:
The evidence presented by the plaintiff was unchallenged and proved his case.
The evidence presented by the plaintiff was unchallenged and proved his case.
Supporting Evidence
The evidence of PW1 and the documents produced by him remains unchallenged. As such, I find that the plaintiff had proved his case and is entitled to a decree as prayed for.
Judgment Evidence:
In the result, suit is decreed as follows: 1)The defendant is directed to pay an amount of Rs.7,11,000/- (Rupees seven lakhs eleven thousand only) with interest at 12% per annum from the date of suit till the date of decree and with interest @ 6% per annum from the date of decree till its realization to the plaintiff.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Ullattu Thodi Saneesh
- Party Age
- 47
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Orma Marble Palace Private Limited
- Relation
- Rep.by its Managing Director, Lijo Joseph
Plaintiffs Documents
Sale agreement (Original) between Plaintiff and defendant, Copy of Janm sale deed of plaint schedule property no.2564/2006 of Feroke, SRO.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri.P.G.Anoop Narayanan
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
The defendant is directed to pay an amount of Rs.7,11,000/- with interest.
Evidence:
The defendant is directed to pay an amount of Rs.7,11,000/- (Rupees seven lakhs eleven thousand only) with interest at 12% per annum from the date of suit till the date of decree and with interest @ 6% per annum from the date of decree till its realization to the plaintiff.
Relief Type:
Other
Outcome:
Granted
Description:
The plaintiff is entitled to recover costs of the suit from the defendant.
Evidence:
The plaintiff is also entitled to recover costs of the suit from the defendant.
Documents & Evidence
Document Type:
Sale Agreement
Submitted By:
Plaintiff
Relevance:
The document is the sale agreement between the plaintiff and defendant which outlines the terms of the sale of the property.
Reference:
Ext.A1
Document Type:
Janm sale deed
Submitted By:
Plaintiff
Relevance:
This document is a copy of the Janm sale deed of the plaint schedule property which supports the plaintiff's claim over the property.
Reference:
Ext.A2
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Kozhikode
State
Kerala
Court Establishment
Munsiff Court 2 Kozhikode
Common Reasons
Non-payment of advance amount
Case Code
Case between Ullattu Thodi Saneesh vs Orma Marble Palace Private Limited regarding realization of advance amount.
Case Code Year
Case between Ullattu Thodi Saneesh vs Orma Marble Palace Private Limited regarding realization of advance amount.