Case Summary
The plaintiff filed a suit against the defendant seeking to recover an advance amount paid towards purchasing a property, as the defendant failed to fulfill the agreement.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Payment of advance amount with interest at 6% per annum
Case Type
Civil Suit
Final Judgment
No
The court decreed the suit in favor of the plaintiff directing the defendant to pay the advance amount with interest and the cost of the suit.
Why Plaintiff Won:
The plaintiff provided evidence confirming the agreement and the advance payment, and the defendant failed to fulfill the terms.
The plaintiff provided evidence confirming the agreement and the advance payment, and the defendant failed to fulfill the terms.
Losing Side's Weaknesses:
The plaintiff provided evidence confirming the agreement and the advance payment, and the defendant failed to fulfill the terms.
The plaintiff provided evidence confirming the agreement and the advance payment, and the defendant failed to fulfill the terms.
Supporting Evidence
The plaintiff was examined as PW1. He filed an affidavit reiterating the averments in the plaint. Since the defendant remained ex parte, the evidence adduced by PW1 remained unchallenged. The plaintiffs have proved their case by adducing cogent and reliable evidence.
Judgment Evidence:
In the result, the suit is decreed as follows: 1. The defendant is directed to pay an amount of Rs. 4,44,635/- (Rupees four lakh forty four thousand six hundred and thirty five only) with interest at the rate of 6% per annum from the date of suit till realisation. 2. The plaintiff is entitled to realize the cost of the suit from the defendant.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Shihabudheen
- Party Age
- 28
- Relation
- S/o. Moideenkutty
- Party Role
- Defendant
- Party Name
- Subrahmanian
- Party Age
- 48
- Relation
- S/o. Kumaran
Plaintiffs Documents
Sale Agreement dated 21-07-2014 (Ext.A1)
Defendants Documents
Not available
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. C.P. Jamshid Rahman
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Sri. Irshad.K.K.
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Payment of advance amount with interest
Outcome:
Granted
Description:
Realization of advance amount with interest at 6% per annum
Evidence:
In the result, the suit is decreed as follows: 1. The defendant is directed to pay an amount of Rs. 4,44,635/- (Rupees four lakh forty four thousand six hundred and thirty five only) with interest at the rate of 6% per annum from the date of suit till realisation.
Relief Type:
Cost of the suit
Outcome:
Granted
Description:
Plaintiff entitled to realize the cost of the suit from the defendant
Evidence:
In the result, the suit is decreed as follows: 2. The plaintiff is entitled to realize the cost of the suit from the defendant.
Documents & Evidence
Document Type:
Sale Agreement
Submitted By:
Plaintiff
Relevance:
Evidence of the agreement detailing the advance payment and terms.
Reference:
Ext.A1
Case Classification
Case Type
Civil Suit
Category
Money and Loan Recovery
District
Malappuram
State
Kerala
Court Establishment
Munsiff Court, Tirur / Rent Control Court
Common Reasons
Breach of agreement
Case Code
Case between Shihabudheen vs Subrahmanian regarding realization of money
Case Code Year
Case between Shihabudheen vs Subrahmanian regarding realization of money