Case Summary
The plaintiff, Gayathri Devi. M, filed a suit against the defendants, David. D and Sudha. D, for the recovery of Rs. 5,00,000 due from a property sale agreement. The defendants failed to refund the amount despite multiple demands from the plaintiff.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The plaintiff is entitled to realise an amount of Rs.5,00,000 together with interest at the rate of 12% per annum from the date of suit till the date of decree, and at the rate of 6% per annum from the date of decree till realisation.
Case Type
Civil Suit
Final Judgment
No
The court decreed in favor of the plaintiff, allowing her to recover Rs. 5,00,000 along with interest from the defendants.
Why Plaintiff Won:
The evidence clearly establishes that the defendants are indebted to the plaintiff.
The evidence clearly establishes that the defendants are indebted to the plaintiff.
Losing Side's Weaknesses:
Not available
Not available
Supporting Evidence
The plaintiff was ready and willing to perform her part of the contract and to have the sale deed executed in her favour. The evidence of PW1, along with Ext.A1, agreement for sale dated 15/10/2023, Ext.A2, copy of legal notice dated 29/05/2025, and Ext.A3 postal receipt sufficiently proves the plaint claim.
Judgment Evidence:
In the result, the suit is decreed as follows:- The plaintiff is entitled to realise an amount of Rs.5,00,000/- (Rupees Five Lakhs only) together with interest at the rate of 12% per annum from the date of suit till the date of decree, and at the rate of 6% per annum from the date of decree till realisation, from the defendants and their assets, with costs.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Gayathri Devi. M
- Party Age
- 44
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- David. D
- Party Age
- 68
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Sudha. D
- Party Age
- 50
- Relation
- W/o
Plaintiffs Documents
Sale agreement dated 15/10/2023, Copy of legal notice dated 29/05/2025, Postal receipts.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- V. Ram Mohan
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
The plaintiff is entitled to realize an amount of Rs.5,00,000/- with interest from the defendants.
Evidence:
Hence, point No.1 is answered in favour of the plaintiff.
Documents & Evidence
Document Type:
Sale Agreement
Submitted By:
Plaintiff
Relevance:
Proves the plaintiff's agreement to purchase the property and the advance payment of Rs. 5,00,000/-.
Reference:
Ext.A1
Document Type:
Legal Notice
Submitted By:
Plaintiff
Relevance:
Establishes the plaintiff's demand for the refund of the advance amount.
Reference:
Ext.A2
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
Serves as proof of sending the legal notice to the defendants.
Reference:
Ext.A3
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Kollam
State
Kerala
Court Establishment
Munsiff Court Kollam
Common Reasons
Non-payment of rent
Case Code
Case between Gayathri Devi. M vs David. D et al regarding realisation of money
Case Code Year
Case between Gayathri Devi. M vs David. D et al regarding realisation of money