Case Summary
Shamnad, the plaintiff, is seeking to recover money from Anilkumar, the defendant, due to a failure to execute a sale deed after accepting an advance payment for a property. The suit is based on the claim that the defendant did not return the advance as promised.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The plaintiff is entitled to realise an amount of Rs.67,467/- with interest at the rate of 6% per annum from the date of suit till realisation with costs.
Case Type
Civil Suit
Final Judgment
No
The court decreed the suit in favor of the plaintiff, ordering the defendant to pay the owed amount with interest.
Why Plaintiff Won:
The plaintiff succeeded in proving his case with the evidence presented.
The plaintiff succeeded in proving his case with the evidence presented.
Losing Side's Weaknesses:
Not available
Not available
Supporting Evidence
By producing Ext. A1 to A4 and by deposing in tune with the plaint averments in the affidavit, the plaintiff has succeeded in proving his case. Moreover, there is no evidence to rebut the evidence adduced on the side of the plaintiff.
Judgment Evidence:
In the result, the suit is decreed as follows: The plaintiff is entitled to realise an amount of Rs.67,467/- with interest at the rate of of 6% per annum from the date of suit till realisation with costs, from the defendant and his assets.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Shamnad
- Party Age
- 40
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Anilkumar
- Party Age
- 38
- Relation
- S/o
Plaintiffs Documents
Sale deed agreement dated 11/04/2019, certified copy of settlement deed No.2563/2012 dated 26/07/2012, certified copy of partition deed No.993/2002 dated 30/03/2002, copy of land tax receipt dated 11/12/2018.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Krishnan S.Raj
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- K.Manoj Kumar.
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
The plaintiff was granted the relief to recover Rs.67,467/- with interest from the defendant.
Evidence:
The plaintiff is entitled to realise an amount of Rs.67,467/- (Rupees Sixty Seven Thousand Four Hundred and Sixty Seven Only) with interest at the rate of of 6% per annum from the date of suit till realisation with costs, from the defendant and his assets.
Documents & Evidence
Document Type:
Sale Agreement
Submitted By:
Plaintiff
Relevance:
The sale agreement dated 11/04/2019 was presented as evidence of the defendant's obligation to execute the sale deed.
Reference:
Ext.A1
Document Type:
Settlement Deed
Submitted By:
Plaintiff
Relevance:
The certified copy of settlement deed No. 2563/2012 was submitted to show the title of the property.
Reference:
Ext.A2
Document Type:
Partition Deed
Submitted By:
Plaintiff
Relevance:
The certified copy of partition deed No. 993/2002 was introduced to establish the defendant's ownership of the property.
Reference:
Ext.A3
Document Type:
Land Tax Receipt
Submitted By:
Plaintiff
Relevance:
The land tax receipt dated 11/12/2018 was presented as evidence of the property tax being paid.
Reference:
Ext.A4
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Kollam
State
Kerala
Court Establishment
Munsiff Court Kollam
Common Reasons
Case Code
Case between Shamnad vs Anilkumar regarding recovery of money
Case Code Year
Case between Shamnad vs Anilkumar regarding recovery of money