Case Summary
The plaintiff, Volga Samuel, sued the defendant, Phinny C. John, for the realization of money related to a property sale agreement. The case arose after the defendant failed to execute the sale deed as agreed upon in the contract.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Rs.3,17,600 with 6% interest per annum and costs of the suit.
Case Type
Civil Suit
Final Judgment
No
The suit is partly decreed, entitling the plaintiff to recover a sum of Rs.3,17,600 with interest and costs from the defendant.
Why Plaintiff Won:
The plaintiff demonstrated entitlement to the advance amount and proved the failure of the defendant to execute the sale deed as agreed.
The plaintiff demonstrated entitlement to the advance amount and proved the failure of the defendant to execute the sale deed as agreed.
Losing Side's Weaknesses:
The plaintiff demonstrated entitlement to the advance amount and proved the failure of the defendant to execute the sale deed as agreed.
The plaintiff demonstrated entitlement to the advance amount and proved the failure of the defendant to execute the sale deed as agreed.
Supporting Evidence
The evidence shows that the plaintiff was ready to pay sale consideration and the defendant could not substantiate his claims regarding the plaintiff's failure to perform under the agreement.
Judgment Evidence:
In the result, the suit is partly decreed as follows: The plaintiff is entitled to realize Rs.3,17,600/- (Rupees Three Lakhs Seventeen Thousand Six Hundred only) with 6% interest per annum from the date of suit till the date of realization of the amount from the defendant and his assets.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Volga Samuel
- Party Age
- 35
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Phinny C. John
- Party Age
- 50
- Relation
- S/o
Plaintiffs Documents
Agreement No.733/2014, Agreement dated 19.08.2021, Agreement dated 20.10.2021, Sale Deed dated 22.09.2022
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- George Kurian
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Hima K. Mohan
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- Benny Jacob
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Partly Granted
Description:
Recovery of Rs.3,17,600/- with interest from the defendant.
Evidence:
The plaintiff is entitled to realize Rs.3,17,600/- (Rupees Three Lakhs Seventeen Thousand Six Hundred only) with 6% interest per annum from the date of suit till the date of realisation of the amount from the defendant and his assets.
Relief Type:
Cost
Outcome:
Granted
Description:
Cost of the suit from the defendant.
Evidence:
The plaintiff is also entitled to realize the costs of the suit from the defendant or his assets.
Documents & Evidence
Document Type:
Agreement
Submitted By:
Plaintiff
Relevance:
Agreement between plaintiff and defendant concerning the sale of property.
Reference:
Ext.A1
Document Type:
Agreement
Submitted By:
Plaintiff
Relevance:
Second agreement modifying the terms of sale concerning the transfer of additional property.
Reference:
Ext.A2
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
Original sale deed drafted on stamp paper related to the property sale.
Reference:
Ext.A3
Document Type:
Filing sheet
Submitted By:
Plaintiff
Relevance:
Filing sheet prepared in connection with the registration of property.
Reference:
Ext.A4
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Kottayam
State
Kerala
Court Establishment
Munsiff Court Kanjirappally
Common Reasons
Case Code
O.S
Case Code Year
2022
Case Flags
Cheque-Related Case
Nature of Cheque Case
Cheque issued towards legally enforceable debt