Case Summary
The plaintiff, AjithaKumari, is seeking to recover money from the defendant, Anoop.M.R, related to a property sale agreement that did not materialize. The plaintiff claims compensation and interest after the defendant failed to execute the sale deed as agreed.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Rs.1,50,000/- together with interest at the rate of 9% per annum from the date of suit till the date of decree.
Case Type
Civil Suit
Final Judgment
No
The court partly decreed the suit in favor of the plaintiff, granting her an amount of Rs.1,50,000/- along with interest. However, the claim for additional costs of Rs.1 lakh was declined due to insufficient evidence.
Why Plaintiff Won:
The plaintiff presented sufficient evidence to support her claim regarding the cheque and the non-execution of the sale deed by the defendant.
The plaintiff presented sufficient evidence to support her claim regarding the cheque and the non-execution of the sale deed by the defendant.
Losing Side's Weaknesses:
The plaintiff presented sufficient evidence to support her claim regarding the cheque and the non-execution of the sale deed by the defendant.
The plaintiff presented sufficient evidence to support her claim regarding the cheque and the non-execution of the sale deed by the defendant.
Supporting Evidence
On appreciating the entire evidence adduced, I am of the view that Ext.A3 cheque was executed by the defendant in respect of a legally existing liability towards PW1.
Judgment Evidence:
In the result, the suit is partly decreed with costs as follows: The Plaintiff is entitled to realize an amount of Rs.1,50,000/- together with interest at the rate of 9% per annum from the date of suit till the date of decree from the defendant and his assets.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- AjithaKumari
- Party Age
- 52
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Anoop.M.R
- Party Age
- 35
- Relation
- S/o
Plaintiffs Documents
Agreement for sale of property dated 06/04/2019, Agreement for sale of property dated 28/09/2019, Bandhan Bank Cheque No.000030, Dishonour Memo, Copy of Lawyers Notice, Original Postal receipt.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri.A. Subramonian
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sri.S Aswakumar
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Damages
Outcome:
Partly Granted
Description:
The plaintiff sought to recover an amount based on the dishonoured cheque along with interest.
Evidence:
The Plaintiff is entitled to realize an amount of Rs.1,50,000/- (Rupees one lakh fifty thousand only) together with interest at the rate of 9% per annum from the date of suit till the date of decree from the defendant and his assets.
Relief Type:
Other
Outcome:
Refused
Description:
The plaintiff sought compensation for travel expenses incurred for the purpose of executing the sale deed.
Evidence:
There is insufficient evidence before Court to prove her claims in this regard and hence the same stands declined.
Documents & Evidence
Document Type:
Agreement for sale of property
Submitted By:
Plaintiff
Relevance:
This document outlines the initial agreement for the sale of the property between the plaintiff and the defendant.
Reference:
Ext.A1
Document Type:
Agreement for sale of property
Submitted By:
Plaintiff
Relevance:
This document details the subsequent agreement made after the initial agreement, including compensation terms.
Reference:
Ext.A2
Document Type:
Cheque
Submitted By:
Plaintiff
Relevance:
This cheque was issued by the defendant towards the interest accrued on the advance money paid by the plaintiff.
Reference:
Ext.A3
Document Type:
Dishonour memo
Submitted By:
Plaintiff
Relevance:
This memo indicates that the cheque issued by the defendant was dishonoured.
Reference:
Ext.A4
Document Type:
Copy of Lawyers Notice
Submitted By:
Plaintiff
Relevance:
This notice was sent by the plaintiff to the defendant demanding payment.
Reference:
Ext.A5
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
This document serves as proof of dispatch for the lawyer's notice.
Reference:
Ext.A6
Case Classification
Case Type
Civil Suit
Category
Money and Loan Recovery
District
Thiruvananthapuram
State
Kerala
Court Establishment
Munsiff Court Thiruvananthapuram
Common Reasons
Recovery of money
Case Code
O.S.NO.
Case Code Year
2020
Case Flags
Cheque-Related Case
Nature of Cheque Case
Cheque Dishonour