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O.S No. 794/2020

Case between Wilfred Camoens vs Yohannan regarding money recovery

Court
THE PRINCIPAL MUNSIFF, ERNAKULAM
Judge
Rohit Nandakumar
Order Date
2024-09-26
Duration
approximately-4 years 9 months
Case Closed

Judgement document from eCourt website

Judgment Document
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Case Summary

Wilfred Camoens filed a suit against Yohannan for recovery of an advance payment related to a failed property sale agreement. The plaintiff claims the defendant did not fulfill his obligations under the agreement.

Judgment Outcome

Plaintiff Won
Interim Order
The court decreed that the defendant must pay the plaintiff the principal amount of 2,00,000/- along with interest at 6 percent from the date of the suit until payment. The plaintiff is also entitled to costs.
Judgment Favored
Plaintiff
Relief Granted
The defendant is directed to pay the plaintiff an amount of 2,00,000/- with interest.
Case Type
Civil Suit
Final Judgment
No
The court decreed that the defendant must pay the plaintiff the principal amount of 2,00,000/- along with interest at 6 percent from the date of the suit until payment. The plaintiff is also entitled to costs.
Why Plaintiff Won:
The defendant failed to comply with the obligations of the sale agreement, and the plaintiff advanced a monetary consideration.
Losing Side's Weaknesses:
The defendant failed to comply with the obligations of the sale agreement, and the plaintiff advanced a monetary consideration.
Supporting Evidence
It is evident from the evidence on record that the Exhibit A1 sale agreement had not materialized and that the defendant had sold the property to a third person.

Judgment Evidence:

In the result, the suit is decreed as follows: i. The defendant is directed to pay to the plaintiff, an amount of 2,00,000/- (Rupees two lakhs only) with interest at the rate of 6 percent per annum (simple interest) from the date of institution of the suit till the date of deposit of the amount as per the order in IA 4/2020, in this suit.

Parties Involved

Parties

Party Role
Plaintiff
Party Name
Wilfred Camoens
Party Age
70
Relation
S/o
Party Role
Defendant
Party Name
Yohannan
Party Age
68
Relation
S/o
Plaintiffs Documents
Sale Agreement dated 06.12.2018
Defendants Documents
Certified copy of Sale Deed No. 1730/2020, Medical Certificate

Advocates

Party Role
Plaintiff
Advocate Name
Peeyus A Kottam
Appearance Type
Main Counsel
Party Role
Plaintiff
Advocate Name
Arjun S. Benedict
Appearance Type
Main Counsel
Party Role
Defendant
Advocate Name
K. J Kuriachan
Appearance Type
Main Counsel

Reliefs

Relief Type: Recovery
Outcome: Granted
Description:
The plaintiff is entitled to recover the advance amount paid along with interest.
Evidence:
The defendant is directed to pay to the plaintiff, an amount of 2,00,000/- (Rupees two lakhs only) with interest at the rate of 6 percent per annum (simple interest) from the date of institution of the suit till the date of deposit of the amount as per the order in IA 4/2020, in this suit.
Relief Type: Costs
Outcome: Granted
Description:
The plaintiff is entitled to the costs of the suit from the defendant.
Evidence:
Considering the nature of suit and circumstances surrounding the suit, the plaintiff is entitled to the costs of the suit from the defendant.

Documents & Evidence

Document Type: Sale Agreement
Submitted By: Plaintiff
Relevance:
This document establishes the agreement for sale between the plaintiff and defendant regarding the plaint schedule property.
Reference:
Ext.A1
Document Type: Sale deed
Submitted By: Defendant
Relevance:
This document demonstrates the sale of the plaint schedule property by the defendant to a third party after the agreement with the plaintiff failed.
Reference:
Ext.B1
Document Type: Medical Certificate
Submitted By: Defendant
Relevance:
This document supports the defendant's claims regarding his critical health condition and the subsequent need to sell the property.
Reference:
Ext.B2

Case Classification

Case Type
Civil Suit
Category
Other Civil Cases
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Common Reasons
Case Code
Case between Wilfred Camoens vs Yohannan regarding money recovery
Case Code Year
Case between Wilfred Camoens vs Yohannan regarding money recovery

Quick Facts

Location
Ernakulam
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Case Filed
Mon, 09/07/2020 - 12:00
Case Closed
From
Sun, 09/01/2024 - 12:00
To
Mon, 09/30/2024 - 12:00
Outcome Confidence
90%

Involved Entities

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