Case Summary
The plaintiffs, B.R Biju Raj and Divya S.P, seek recovery of an advance paid for a property that the defendant, K. Sukumaran Nair, failed to sell as agreed. The defendant did not provide the necessary documents or fulfill conditions of the contract.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The plaintiffs are entitled to realize a sum of 5,00,000/- along with interest at the rate of 6% per annum.
Case Type
Civil Suit
Final Judgment
No
The court decreed in favor of the plaintiffs, granting them the recovery of the advance amount paid. The plaintiffs were found entitled to interest at 6% per annum until realization.
Why Plaintiff Won:
The plaintiffs demonstrated a clear breach of contract by the defendant and provided sufficient evidence of their claims.
The plaintiffs demonstrated a clear breach of contract by the defendant and provided sufficient evidence of their claims.
Losing Side's Weaknesses:
The plaintiffs demonstrated a clear breach of contract by the defendant and provided sufficient evidence of their claims.
The plaintiffs demonstrated a clear breach of contract by the defendant and provided sufficient evidence of their claims.
Supporting Evidence
The court finds that the plaintiffs are entitled to recover the advance paid as the contract provisions were not honored by the defendant.
Judgment Evidence:
In the result; the suit is partly decreed as follows: (a) The plaintiffs are entitled to realize a sum of 5,00,000/- (Rupees Five Lakhs only) from the defendant and his assets, together with interest at the rate of 6% per annum from the date of the suit until the date of realization.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- B.R Biju Raj
- Party Age
- 46
- Relation
- S/o
- Party Role
- Plaintiff
- Party Name
- Divya S.P
- Party Age
- 36
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- K. Sukumaran Nair
- Party Age
- 72
- Relation
- S/o
Plaintiffs Documents
Original sale agreement, Copy of the Advocate notice, Postal receipt, Acknowledgement card, Copy of the petition.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. V.S. Bhasurendran Nair
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Sri. B. Prasanth Pai
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Sri. Krishna Prasad S.R
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Partly Granted
Description:
Plaintiffs are entitled to realize a sum of 5,00,000/- from the defendant along with interest.
Evidence:
The plaintiffs are entitled to realize a sum of 5,00,000/- (Rupees Five Lakhs only) from the defendant and his assets, together with interest at the rate of 6% per annum from the date of the suit until the date of realization.
Documents & Evidence
Document Type:
Original Sale Agreement
Submitted By:
Plaintiff
Relevance:
The agreement outlines the terms under which the defendant agreed to sell the property to the plaintiffs.
Reference:
Ext.A1
Document Type:
Advocate Notice
Submitted By:
Plaintiff
Relevance:
This notice was issued demanding specific performance or refund of the advance.
Reference:
Ext.A2
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
The postal receipt confirming the delivery of the advocate notice.
Reference:
Ext.A3
Document Type:
Acknowledgment card
Submitted By:
Plaintiff
Relevance:
The acknowledgment card signed by the defendant upon receipt of the advocate notice.
Reference:
Ext.A4
Document Type:
Copy of Petition
Submitted By:
Plaintiff
Relevance:
The petition filed before the police seeking return of the advance amount.
Reference:
Ext.A5
Document Type:
Copy of the Receipt
Submitted By:
Plaintiff
Relevance:
The receipt related to the petition filed before the police.
Reference:
Ext.A5(a)
Document Type:
Plan
Submitted By:
Plaintiff
Relevance:
The plan produced during the examination, allegedly prepared by the defendant showing the proposed pathway.
Reference:
Ext.A6
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Thiruvananthapuram
State
Kerala
Court Establishment
Munsiff Court Thiruvananthapuram
Common Reasons
Recovery of money
Case Code
OS.NO.
Case Code Year
2024