Case Summary
Manilala is the plaintiff who is seeking the return of an advance amount from the defendant Manu, who failed to execute a sale deed for a property as agreed. The plaintiff had given ₹3,00,000/- as an advance for purchasing the property.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
₹3,00,000/- with 12% interest and costs of proceedings
Case Type
Civil Suit
Final Judgment
No
The court decreed that the plaintiff is entitled to recover the advance amount of ₹3,00,000/- with interest and costs from the defendant.
Why Plaintiff Won:
The plaintiff established his case through unchallenged oral and documentary evidence.
The plaintiff established his case through unchallenged oral and documentary evidence.
Losing Side's Weaknesses:
The plaintiff established his case through unchallenged oral and documentary evidence.
The plaintiff established his case through unchallenged oral and documentary evidence.
Supporting Evidence
Through the unchallenged oral and documentary evidence adduced by the plaintiff, the plaintiff has established his case.
Judgment Evidence:
In the result, suit is decreed as follows: 1. The plaintiff is hereby entitled to realize ₹3,00,000/- (Rupees Three Lakhs only) from the defendant with 12% interest from the date of suit till the date of decree and 6% interest from the date of decree till date of realization.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Manilala
- Party Age
- 56
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Manu
- Party Age
- 42
- Relation
- S/o
Plaintiffs Documents
A1-19-11-2020- Agreement deed, A2-03-07-2020- Certificate of Encumbrance on property (Ptn.No. 3866/2020) of SRO, Varkala
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. H. Sumanas
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
The plaintiff is entitled to realize ₹3,00,000/- from the defendant with interest.
Evidence:
The plaintif is hereby entitled to realize ₹3,00,000/- (Rupees Three Lakhs only) from the defendant with 12% interest from the date of suit till the date of decree.
Relief Type:
Recovery
Outcome:
Granted
Description:
The plaintiff is entitled to realize costs of the proceedings from the defendant.
Evidence:
The plaintif is also entitled to realize costs of the proceedings from the defendant.
Documents & Evidence
Document Type:
Sale Agreement
Submitted By:
Plaintiff
Relevance:
Document establishing the terms of advance payment for the property sale.
Reference:
Ext.A1
Document Type:
Encumbrance certificate
Submitted By:
Plaintiff
Relevance:
Document verifying the title and any encumbrances on the property.
Reference:
Ext.A2
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Thiruvananthapuram
State
Kerala
Court Establishment
Munsiffs Court, Varkala
Common Reasons
Non-payment of advance amount
Case Code
Case between Manilala vs Manu regarding realization of advance amount
Case Code Year
Case between Manilala vs Manu regarding realization of advance amount