Case Summary
The plaintiff, K Shinjith, paid an advance for a property sale to the defendant, K Leela, but the sale did not occur. The plaintiff seeks a return of the advance paid along with interest after the defendant failed to provide necessary documents.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Rs.3,85,756/- with interest at the rate of 9% per annum
Case Type
Civil Suit
Final Judgment
No
The court decreed the suit in favor of the plaintiff, ordering the defendant to return the advance with interest.
Why Plaintiff Won:
The case of the plaintiff is proved through affidavit and unchallenged documents.
The case of the plaintiff is proved through affidavit and unchallenged documents.
Losing Side's Weaknesses:
Not available
Not available
Supporting Evidence
The case of the plaintiff is proved through affidavit of PW1 and Exts.A1 and A2 series. Ext.A1 is the agreement executed in between the plaintiff and defendant. Ext.A2 series are the lawyer notice copy, acknowledgment card and postal receipts. The said documents remains unchallenged.
Judgment Evidence:
In the result, the suit is decreed as follows: 1. The defendant is directed to pay Rs.3,85,756/- (Rupees Three Lakhs Eighty Five Thousand Seven Hundred And Fifty Six Only) to the plaintiff with interest at the rate of 9% per annum from the date of the suit till realisation.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- K Shinjith
- Party Age
- 49
- Relation
- S/o
- Party Role
- Plaintiff
- Party Name
- B.P.Santhakumari
- Party Age
- 73
- Relation
- D/o
- Party Role
- Defendant
- Party Name
- K Leela
- Party Age
- 53
- Relation
- D/o
Plaintiffs Documents
Original Agreement, Copy of lawyer notice, Postal receipt, Letter issued by Senior Post master, Calicut with copy of delivery slip
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Smt.Baija.P
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Adv. Sanal kumar Padannappurath
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff entitled to return of advance amount paid along with interest.
Evidence:
The plaintiff is entitled to get Rs.3,85,756/- (Rupees Three Lakhs Eighty Five Thousand Seven Hundred And Fifty Six Only) with 9% interest till the realisation of the suit.
Relief Type:
Costs
Outcome:
Granted
Description:
Defendant directed to pay costs of the suit.
Evidence:
The defendant is also directed to pay costs of the suit.
Documents & Evidence
Document Type:
Agreement
Submitted By:
Plaintiff
Relevance:
Agreement executed between the plaintiff and defendant regarding the sale of property.
Reference:
Ext.A1
Document Type:
Lawyer Notice
Submitted By:
Plaintiff
Relevance:
Copy of the lawyer notice issued to the defendant regarding the return of advance amount.
Reference:
Ext.A2
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
Postal receipt related to the lawyer notice served to the defendant.
Reference:
Ext.A2(a)
Document Type:
Letter
Submitted By:
Plaintiff
Relevance:
Letter issued by Senior Post Master with a copy of the delivery slip regarding the lawyer notice.
Reference:
Ext.A2(b)
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Kozhikode
State
Kerala
Court Establishment
Munsiff Court 2 Kozhikode
Common Reasons
Case Code
Case between K Shinjith vs K Leela regarding return of advance amount
Case Code Year
Case between K Shinjith vs K Leela regarding return of advance amount