Case Summary
KG Sibil is the plaintiff who paid an advance amount of Rs. 3,00,000/- to Shibin C for purchasing property, but Shibin C failed to complete the transaction. The case involves the enforcement of the sale agreement for the property.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The plaintiff is entitled to realise an amount of Rs. 3,00,000/- from the defendant with interest at the rate of 12% per annum.
Case Type
Civil Suit
Final Judgment
No
The suit is decreed in favor of the plaintiff, KG Sibil, mandating the defendant to return the advance amount of Rs. 3,00,000/- along with interest.
Why Plaintiff Won:
The unchallenged evidence of the plaintiff indicated that he is entitled to a decree as prayed for.
The unchallenged evidence of the plaintiff indicated that he is entitled to a decree as prayed for.
Losing Side's Weaknesses:
The unchallenged evidence of the plaintiff indicated that he is entitled to a decree as prayed for.
The unchallenged evidence of the plaintiff indicated that he is entitled to a decree as prayed for.
Supporting Evidence
The unchallenged evidence of PW1 and Ext.A1 to A4 would show that the plaintiff is entitled to a decree as prayed for.
Judgment Evidence:
In the result, the suit is decreed as follows: The plaintiff is entitled to realise an amount of Rs. 3,00,000/- from the defendant with interest at the rate of 12% per annum from the date of suit till the date of decree.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- KG Sibil
- Party Age
- 46
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Shibin C
- Party Age
- 33
- Relation
- S/o
Plaintiffs Documents
Original sale agreement dated 10.09.2021, Copy of lawyer notice issued on 24.11.2022, Postal receipt, Returned lawyer notice with cover and acknowledgment card.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri.D Mohandas
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Adv.N Rajan
- Appearance Type
- Case between KG Sibil vs Shibin C regarding return of advance amount > Case advocates
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff is entitled to recover the advance amount of Rs. 3,00,000/- with interest.
Evidence:
The plaintiff is entitled to realise an amount of Rs. 3,00,000/- (Rupees three Lakh only) from the defendant with interest at the rate of 12% per annum from the date of suit till the date of decree.
Relief Type:
Other
Outcome:
Granted
Description:
Plaintiff is entitled to recover the costs of the suit.
Evidence:
The plaintiff is also entitled to realise the costs of the suit from the defendant.
Documents & Evidence
Document Type:
Sale Agreement
Submitted By:
Plaintiff
Relevance:
Document evidencing the agreement between the plaintiff and defendant for the sale of property.
Reference:
Ext.A1
Document Type:
Lawyer Notice
Submitted By:
Plaintiff
Relevance:
Notice issued to the defendant requesting the handover of documents related to the property sale.
Reference:
Ext.A2
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
Proof of delivery related to the lawyer's notice sent to the defendant.
Reference:
Ext.A3
Document Type:
Returned lawyer notice
Submitted By:
Plaintiff
Relevance:
Returned notice indicating the defendant's failure to claim the notice sent.
Reference:
Ext.A4
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Kozhikode
State
Kerala
Court Establishment
Munsiff Court 1 Kozhikode
Common Reasons
Return of advance amount
Case Code
Case between KG Sibil vs Shibin C regarding return of advance amount
Case Code Year
Case between KG Sibil vs Shibin C regarding return of advance amount
Case Flags
Cheque-Related Case
Out-of-Court Settlement
Nature of Cheque Case
Cheque Dishonour