Case Summary
Mithun P. Shammu is the plaintiff who entered into an agreement with defendant Santhosh for the sale of property. The case involves the plaintiff seeking the return of an advance payment after the defendant failed to execute the sale deed.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Defendant is directed to pay the amount of Rs. 6,40,000 along with 12% interest and a charge over the plaint schedule property.
Case Type
Civil Suit
Final Judgment
No
The suit is decreed in favor of the plaintiff, ordering the defendant to pay Rs. 6,40,000 along with interest. A charge is also placed on the property related to the suit.
Why Plaintiff Won:
The evidence presented by the plaintiff remains unchallenged and supports his claim for the amount due from the defendant.
The evidence presented by the plaintiff remains unchallenged and supports his claim for the amount due from the defendant.
Losing Side's Weaknesses:
The evidence presented by the plaintiff remains unchallenged and supports his claim for the amount due from the defendant.
The evidence presented by the plaintiff remains unchallenged and supports his claim for the amount due from the defendant.
Supporting Evidence
The unchallenged evidence of PW1 along with the document marked as Ext.A1, in the absence of any contra evidence proves the case of the plaintiff that the defendant is liable to pay the amount due.
Judgment Evidence:
In the result, the suit is decreed with costs as follows: The defendant is hereby directed to pay the amount of Rs. 6,40,000/- along with 12% per annum as interest from the date of suit till the date of decree and with future interest at the rate of 6% per annum, till realization and there will be a charge over the plaint schedule property for the amount due from the defendant.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Mithun P. Shammu
- Party Age
- 36
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Santhosh
- Party Age
- 50
- Relation
- S/o
Plaintiffs Documents
Sale agreement dated 10.02.2023
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Joby Mathew
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Sabu Antony
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
The plaintiff is entitled to recover the sum of Rs. 6,40,000/- along with interest.
Evidence:
The defendant is hereby directed to pay the amount of Rs. 6,40,000/- along with 12% per annum as interest from the date of suit till the date of decree.
Documents & Evidence
Document Type:
Sale Agreement
Submitted By:
Plaintiff
Relevance:
This document is the sale agreement dated 10.02.2023, which outlines the terms under which the defendant agreed to sell the property to the plaintiff.
Reference:
Ext.A1
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Perumbavoor
Common Reasons
Non-payment of rent
Case Code
Case between Mithun P. Shammu vs Santhosh regarding realization of money
Case Code Year
Case between Mithun P. Shammu vs Santhosh regarding realization of money