Case between Shihabudheen vs Subrahmanian regarding realization of money

Case Summary

The plaintiff filed a suit against the defendant seeking to recover an advance amount paid towards purchasing a property, as the defendant failed to fulfill the agreement.

Judgment Outcome

Plaintiff Won

Interim Order

The court decreed the suit in favor of the plaintiff directing the defendant to pay the advance amount with interest and the cost of the suit.

Judgment Favored

Plaintiff

Relief Granted

Payment of advance amount with interest at 6% per annum

Case Type

Civil Suit

Final Judgment

No

Why Plaintiff Won:
The plaintiff provided evidence confirming the agreement and the advance payment, and the defendant failed to fulfill the terms.

Judgment Evidence:

In the result, the suit is decreed as follows: 1. The defendant is directed to pay an amount of Rs. 4,44,635/- (Rupees four lakh forty four thousand six hundred and thirty five only) with interest at the rate of 6% per annum from the date of suit till realisation. 2. The plaintiff is entitled to realize the cost of the suit from the defendant.

Parties Involved

Plaintiffs

Shihabudheen (28 years) Pilalisseri House, Vettom Pallipram amsom, Perinthalloor desom, Tirur Taluk

Defendants

Subrahmanian (48 years) Thachanatt House, Tirur amsom, Kott desom, Tirur Taluk

Reliefs

Relief Type: Payment of advance amount with interest

Outcome: Granted

Description:

Realization of advance amount with interest at 6% per annum

Evidence:

In the result, the suit is decreed as follows: 1. The defendant is directed to pay an amount of Rs. 4,44,635/- (Rupees four lakh forty four thousand six hundred and thirty five only) with interest at the rate of 6% per annum from the date of suit till realisation.

Relief Type: Cost of the suit

Outcome: Granted

Description:

Plaintiff entitled to realize the cost of the suit from the defendant

Evidence:

In the result, the suit is decreed as follows: 2. The plaintiff is entitled to realize the cost of the suit from the defendant.

Documents & Evidence

Document Type: Sale Agreement

Submitted By: Plaintiff

Relevance:

Evidence of the agreement detailing the advance payment and terms.

Reference:

Ext.A1