Case Summary
Aanthaparambil Mohanan is the plaintiff who paid an advance for a property sale but was not given possession. Jagadeesan is the defendant who failed to register the sale deed as agreed.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Defendant directed to pay Rs.5,75,000/- with interest and cost of proceedings.
Case Type
Civil Suit
Final Judgment
No
The court directed the defendant to pay the plaintiff a sum of Rs.5,75,000/- with interest for failure to complete the sale agreement.
Why Plaintiff Won:
The case of the plaintiff is proved by the unchallenged oral testimony and documents.
The case of the plaintiff is proved by the unchallenged oral testimony and documents.
Losing Side's Weaknesses:
The case of the plaintiff is proved by the unchallenged oral testimony and documents.
The case of the plaintiff is proved by the unchallenged oral testimony and documents.
Supporting Evidence
The case of the plaintiff is proved by the unchallenged oral testimony of the PW1 and the documents tendered by him.
Judgment Evidence:
In the result, 1.The defendant is hereby directed to pay a sum of Rs.5,75,000/- (Rupees five lakhs seventy five thousand only) to the plaintiff with interest...
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Aanthaparambil Mohanan
- Party Age
- 68
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Jagadeesan
- Party Age
- 59
- Relation
- S/o
Plaintiffs Documents
Sale agreement dated 13.02.2023, Copy of lawyer notice dated 15.06.2024, Postal receipt, Acknowledgment card.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. V. P. Radhakrishnan
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sri. N. V. P. Rafeeque
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
The defendant is directed to pay a sum of Rs.5,75,000 to the plaintiff with interest.
Evidence:
The defendant is hereby directed to pay a sum of Rs.5,75,000/- (Rupees five lakhs seventy five thousand only) to the plaintiff with interest at the rate of 9 per cent from 13.02.2023 till date of decree and thereafter at 6 per cent till realisation.
Relief Type:
Other
Outcome:
Granted
Description:
The defendant shall pay cost of the proceeding to the plaintiff.
Evidence:
The defendant shall pay cost of the proceeding to the plaintiff.
Documents & Evidence
Document Type:
Sale Agreement
Submitted By:
Plaintiff
Relevance:
Executed between the plaintiff and the defendant dated 13.02.2023.
Reference:
Ext.A1
Document Type:
Lawyer Notice
Submitted By:
Plaintiff
Relevance:
Office copy of the lawyer notice dated 15.06.2024.
Reference:
Ext.A2
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
Proof of sending the notice.
Reference:
Ext.A3
Document Type:
Acknowledgment card
Submitted By:
Plaintiff
Relevance:
Acknowledgment of receipt of the lawyer notice.
Reference:
Ext.A4
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Kozhikode
State
Kerala
Court Establishment
Munsiff Court 2 Kozhikode
Common Reasons
Return of advance sale consideration
Case Code
Case between Aanthaparambil Mohanan vs Jagadeesan regarding return of advance sale consideration.
Case Code Year
Case between Aanthaparambil Mohanan vs Jagadeesan regarding return of advance sale consideration.