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O.S. No. 689 /2022

Case between Ramesan vs Kumaran et al regarding realization of money

Court
II ADDITIONAL MUNSIFF, ERNAKULAM
Judge
Smt. Needi. K. Dinamany
Order Date
2024-10-09
Duration
approximately-6 years 5 months
Case Closed
Wed, 10/09/2024 - 12:00

Judgement document from eCourt website

Judgment Document
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Case Summary

Ramesan filed a suit against Kumaran and Kunjappan for the recovery of an advance amount of Rs.5,78,500 paid under a sale agreement. The defendants failed to fulfill the terms of the agreement, leading to the lawsuit.

Judgment Outcome

Plaintiff Won
Interim Order
The court found in favor of the plaintiff, Ramesan, awarding him the recovery of Rs.5,78,500 along with interest. The defendants were held responsible for breaching the sale agreement.
Judgment Favored
Plaintiff
Relief Granted
Rs.5,78,500 with interest @ 12% per annum and costs of the suit
Case Type
Civil Suit
Final Judgment
No
The court found in favor of the plaintiff, Ramesan, awarding him the recovery of Rs.5,78,500 along with interest. The defendants were held responsible for breaching the sale agreement.
Why Plaintiff Won:
The court determined that the defendants breached the sale agreement by failing to perform their obligations.
Losing Side's Weaknesses:
The court determined that the defendants breached the sale agreement by failing to perform their obligations.
Supporting Evidence
The defendants committed to fulfilling several conditions under the agreement, which they failed to meet, leading to the conclusion that the plaintiff was entitled to the recovery of the advance payment.

Judgment Evidence:

In the result, suit is decreed on the following terms. 1) Plaintiff is entitled to realize Rs.5,78,500/- (Rupees Five lakhs seventy eight thousand five hundred only) with interest @ 12% per annum from the date of suit till decree and thereafter @ 6% per annum till realization.

Parties Involved

Parties

Party Role
Plaintiff
Party Name
Ramesan
Party Age
54
Relation
S/o
Party Role
Defendant
Party Name
Kumaran
Party Age
61
Relation
S/o
Party Role
Defendant
Party Name
Kunjappan
Party Age
65
Relation
S/o
Plaintiffs Documents
Agreement dated 19.04.2018, True copy of Land Tax receipt, True copy of Possession Certificate, True copy of letter No.ES 11419/19
Defendants Documents

Advocates

Party Role
Plaintiff
Advocate Name
Sunil Jacob
Appearance Type
Main Counsel
Party Role
Plaintiff
Advocate Name
Smitha E Mohan
Appearance Type
Main Counsel

Reliefs

Relief Type: Recovery
Outcome: Granted
Description:
Plaintiff is entitled to recover Rs.5,78,500/- from the defendants.
Evidence:
On perusal of documents, this court is found that plaintiff is entitled to realize an amount of Rs.5,78,500/- from defendants.
Relief Type: Interest
Outcome: Granted
Description:
Plaintiff is entitled to interest at the rate of 12% from the date of the suit.
Evidence:
Defendants are directed to pay interest at the rate of 12% from the date of suit.
Relief Type: Charge
Outcome: Granted
Description:
Plaintiff is entitled to a charge over the plaint schedule property.
Evidence:
Plaintiff is entitled to realize a charge over plaint schedule property for the above amount.
Relief Type: Costs
Outcome: Granted
Description:
Plaintiff is entitled to recover the costs of the suit.
Evidence:
Considering the facts and circumstance of the case plaintiff is entitled to realize the cost of the suit from defendants.

Documents & Evidence

Document Type: Agreement
Submitted By: Plaintiff
Relevance:
This document is the agreement dated 19.04.2018 between the plaintiff and defendants regarding the sale of property.
Reference:
Ext.A1
Document Type: Land Tax Receipt
Submitted By: Plaintiff
Relevance:
This document is a true copy of the land tax receipt pertaining to the plaint schedule property.
Reference:
Ext.A2
Document Type: Possession Certificate
Submitted By: Plaintiff
Relevance:
This document is a true copy of the possession certificate with respect to the plaint schedule property.
Reference:
Ext.A3
Document Type: Letter from Tahasidar
Submitted By: Plaintiff
Relevance:
This document is a true copy of a letter issued by the Tahasidar to the first defendant.
Reference:
Ext.A4
Document Type: Oral Evidence
Submitted By: Unknown
Relevance:
Witness testimony from the plaintiff's side corroborating the case.
Reference:

Case Classification

Case Type
Civil Suit
Category
Money and Loan Recovery
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Common Reasons
Recovery of money
Case Code
Case between Ramesan vs Kumaran et al regarding realization of money
Case Code Year
Case between Ramesan vs Kumaran et al regarding realization of money

Quick Facts

Location
Ernakulam
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Case Filed
Thu, 04/19/2018 - 12:00
Case Closed
Wed, 10/09/2024 - 12:00
From
Tue, 10/01/2024 - 12:00
To
Thu, 10/31/2024 - 12:00
Outcome Confidence
90%

Involved Entities

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