Case Summary
Neethu Nath K, the plaintiff, filed a suit against Babu M for the recovery of an amount of Rs. 3,00,000/- as unpaid consideration for the transfer of property for vehicular access. Babu M, the defendant, contests the claim, alleging he was not provided the promised access.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Rs. 3,00,000/- with interest at the rate of 12% per annum from the date of suit till the date of decree and with future interest at the rate of 6% till realisation of decree amount.
Case Type
Civil Suit
Final Judgment
No
The court decreed the suit in favor of the plaintiff, ordering the defendant to pay Rs. 3,00,000/- along with interest for the unpaid consideration. Costs of the suit were also awarded to the plaintiff.
Why Plaintiff Won:
The plaintiff proved the existence of an oral agreement for the transfer of land and demonstrated that the defendant failed to pay the agreed consideration.
The plaintiff proved the existence of an oral agreement for the transfer of land and demonstrated that the defendant failed to pay the agreed consideration.
Losing Side's Weaknesses:
The plaintiff proved the existence of an oral agreement for the transfer of land and demonstrated that the defendant failed to pay the agreed consideration.
The plaintiff proved the existence of an oral agreement for the transfer of land and demonstrated that the defendant failed to pay the agreed consideration.
Supporting Evidence
The testimony of PW1 to PW4 would prove that there had been negotiation talks between the plaintiff's father and Narayanakurup. The evidence of these witnesses would show that Narayanakurup had approached the plaintiff’s father for providing of land for road access to defendant’s property.
Judgment Evidence:
In the result, the suit is decreed as follows: 1. 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 and with future interest at the rate of 6% from the date of decree till realisation of decree amount.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Neethu Nath K
- Party Age
- 42
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Babu M
- Party Age
- 64
- Relation
- S/o
Plaintiffs Documents
Certified copy of Regd.Janmam assignment deed No.810/2006, Certified copy of Regd.Janmam assignment deed No.2183/2012, Copy of Registered lawyer notice sent by Adv.Vinod P Nair to Neethunath and others.
Defendants Documents
Copy of Complaint filed by Babu M before Commissioner of Police, Kozhikode.
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri.T Nandakumar
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Smt.Viswalekha KK
- Appearance Type
- Assisting Counsel
- Party Role
- Plaintiff
- Advocate Name
- Smt.Bindya C
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- Sri.Vinod S Nair
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff granted recovery of Rs. 3,00,000/- from the defendant.
Evidence:
I find that the suit is only to be decreed.
Relief Type:
Damages
Outcome:
Granted
Description:
Plaintiff entitled to realize interest at the rate of 12% per annum from the date of suit till the date of decree.
Evidence:
The plaintiff is entitled to realize an amount of Rs. 3,00,000/- with interest at the rate of 12% per annum.
Relief Type:
Other
Outcome:
Granted
Description:
Plaintiff entitled to realize the costs of the suit from the defendant.
Evidence:
The plaintiff is also entitled to realize the costs of the suit from the defendant.
Documents & Evidence
Document Type:
Certified copy of Regd.Janmam assignment deed
Submitted By:
Plaintiff
Relevance:
Establishes ownership of plaint A schedule property by the plaintiff.
Reference:
Ext.A1
Document Type:
Certified copy of Regd.Janmam assignment deed
Submitted By:
Defendant
Relevance:
Establishes ownership of plaint B schedule property by the defendant.
Reference:
Ext.A2
Document Type:
Copy of Land Tax Receipt
Submitted By:
Plaintiff
Relevance:
Provides evidence of the plaintiff's property.
Reference:
Ext.A3
Document Type:
Copy of Registered Lawyer Notice
Submitted By:
Plaintiff
Relevance:
Indicates the dispute and claims raised by the defendant.
Reference:
Ext.A4
Document Type:
Copy of reply to lawyer notice
Submitted By:
Plaintiff
Relevance:
Response to the allegations raised by the defendant.
Reference:
Ext.A5
Document Type:
True copy of Register of petition
Submitted By:
Unknown
Relevance:
Shows the complaint lodged by the defendant before Elathur Police.
Reference:
Ext.A6
Document Type:
Certified copy of FIR
Submitted By:
Plaintiff
Relevance:
Details the complaint lodged by the defendant.
Reference:
Ext.A8
Document Type:
Copy of Photograph
Submitted By:
Defendant
Relevance:
Evidence presented by the defendant.
Reference:
Ext.B1
Document Type:
Pendrive
Submitted By:
Defendant
Relevance:
Submitted as part of the evidence.
Reference:
Ext.B2
Document Type:
Certified copy of Petition
Submitted By:
Defendant
Relevance:
Related to the complaint filed by the defendant.
Reference:
Ext.B3
Document Type:
Certified copy of complaint
Submitted By:
Defendant
Relevance:
Evidence of the complaint lodged by the defendant.
Reference:
Ext.B4
Document Type:
Copy of Photograph contains Video
Submitted By:
Defendant
Relevance:
Video recording submitted as evidence.
Reference:
Ext.B5
Document Type:
Oral Evidence
Submitted By:
Unknown
Relevance:
Witness statements assisting the court in the decision.
Reference:
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Kozhikode
State
Kerala
Court Establishment
Munsiff Court 1 Kozhikode
Common Reasons
Case Code
Case between Neethu Nath K vs Babu M regarding realisation of money
Case Code Year
Case between Neethu Nath K vs Babu M regarding realisation of money