Case Summary
The plaintiff, Riju Jacob, filed a suit against the defendant, Manju, for recovery of an advance amount pertaining to a sale agreement for property. The plaintiff alleged that the defendant failed to execute the sale deed and attempted to sell the property to a third party.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Rs.2,12,896/- along with 6% interest from the date of suit till date of decree, and future interest at the rate of 6% per annum till realization.
Case Type
Civil Suit
Final Judgment
No
The court decreed the suit, directing the defendant to pay the plaintiff Rs. 2,12,896/- along with interest. The defendant is liable to pay from her assets if the amount is not paid.
Why Plaintiff Won:
The unchallenged evidence of the plaintiff proved the case.
The unchallenged evidence of the plaintiff proved the case.
Losing Side's Weaknesses:
The unchallenged evidence of the plaintiff proved the case.
The unchallenged evidence of the plaintiff proved the case.
Supporting Evidence
The unchallenged evidence of PW1 along with the documents marked as Ext.A1 and A2 proves the case of the plaintiff, that the defendant is liable to pay the amount.
Judgment Evidence:
In the result, the suit is decreed with costs as follows: The defendant is hereby directed to pay the amount of Rs.2,12,896/- along with 6% interest from the date of suit till the date of decree.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Riju Jacob
- Party Age
- 49
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Manju
- Party Age
- 49
- Relation
- W/o
Plaintiffs Documents
Sale agreement dated 11/08/23, Returned notice by Postal Department.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- N C Sajith
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- K T Joseph
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
The plaintiff is entitled to recover the advance amount of Rs. 2,00,000/- along with 6% interest.
Evidence:
In the result, the suit is decreed with costs as follows: The defendant is hereby directed to pay the amount of Rs.2,12,896/- along with 6% interest from the date of suit till the date of decree and with future interest at the rate of 6% per annum, till realization.
Documents & Evidence
Document Type:
Sale Agreement
Submitted By:
Plaintiff
Relevance:
This document serves as evidence of the agreement between the plaintiff and defendant for the sale of property and acknowledges the advance payment made by the plaintiff.
Reference:
Ext.A1
Document Type:
Returned notice
Submitted By:
Plaintiff
Relevance:
This document indicates that the notice sent by the plaintiff to the defendant regarding the execution of the sale deed was returned by the Postal Department.
Reference:
Ext.A2
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Perumbavoor
Common Reasons
Recovery of money
Case Code
Case between Riju Jacob vs Manju regarding recovery of money.
Case Code Year
Case between Riju Jacob vs Manju regarding recovery of money.