Case Summary
The case involves the plaintiff, Amitha V.P, who is seeking to recover money from the defendants, Cherian Mathew and Izzet Realtors. The plaintiff made an advance payment for a property but the defendants failed to execute the sale deed and did not return the advance amount.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The plaintiff is allowed to recover Rs. 5,48,000 together with interest at the rate of 9% and Rs. 50,000 as compensation.
Case Type
Civil Suit
Final Judgment
No
The court decreed in favor of the plaintiff, allowing them to recover a total of Rs. 5,48,000 with interest and compensation from the defendants. The defendants were found liable for failing to execute the sale deed for the property.
Why Plaintiff Won:
The plaintiff proved the averments in the plaint through unrebutted evidence.
The plaintiff proved the averments in the plaint through unrebutted evidence.
Losing Side's Weaknesses:
The plaintiff proved the averments in the plaint through unrebutted evidence.
The plaintiff proved the averments in the plaint through unrebutted evidence.
Supporting Evidence
From the unrebutted evidence of PW1 and from Exts.A1 document the plaint averments stands proved.
Judgment Evidence:
In the result, suit is decreed as follows: The plaintiff is allowed to recover Rs. 5,48,000 together with interest at the rate of 9% for the principle amount of Rs. 4,50,000.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Amitha @ Amitha V.P
- Party Age
- 29
- Relation
- D/o
- Party Role
- Defendant
- Party Name
- Cherian Mathew
- Party Age
- 29
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- M/s. Izzet Realtors
- Relation
- Represented by
Plaintiffs Documents
A113.12.2020 Sale agreement
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Joseph George
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Rejimon P.A.
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
The plaintiff is allowed to recover Rs.5,48,000 along with interest.
Evidence:
The plaintiff is allowed to recover Rs.5,48,000/(Rupees Five lakhs Forty Eight thousand only) together with interest at the rate of 9% for the principle amount of Rs.4,50,000/(Rupees Four lakhs Fifty thousand only) per annum from the date of suit till the date of decree, and thereafter @ 6% per annum from the date of decree till entire realization in full from the defendants and their assets.
Relief Type:
Damages
Outcome:
Granted
Description:
The plaintiff is allowed to recover Rs.50,000 as compensation.
Evidence:
The plaintiff is allowed to recover Rs.50,000/(Rupees Fifty thousand only) as compensation from the defendants and their assets.
Relief Type:
Other
Outcome:
Granted
Description:
The plaintiff is also entitled to the costs of the suit.
Evidence:
The plaintiff is also entitled to get the costs of the suit from the defendants.
Documents & Evidence
Document Type:
Sale Agreement
Submitted By:
Plaintiff
Relevance:
This document was essential in proving the plaintiff's claims regarding the advance payment and the sale agreement terms.
Reference:
Ext.A1
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Common Reasons
Case Code
Case between Amitha @ Amitha V.P vs Cherian Mathew et al regarding realisation of money
Case Code Year
Case between Amitha @ Amitha V.P vs Cherian Mathew et al regarding realisation of money
Case Flags
Cheque-Related Case
Nature of Cheque Case
Cheque issued towards legally enforceable debt