Case Summary
Gokuldas KT filed a suit against Sudheesh Kumar for the realization of an advance amount paid under an agreement for sale of property. The defendant did not provide the necessary documents for the sale deed, leading to the plaintiff filing this suit.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The plaintiff is entitled to realize an amount of Rs. 1,70,000 with interest and costs of the suit.
Case Type
Civil Suit
Final Judgment
No
The court ruled in favor of the plaintiff, granting them the advance amount paid along with interest. The defendant was ordered to pay costs of the suit as well.
Why Plaintiff Won:
The unchallenged evidence of the plaintiff indicated entitlement to a decree as prayed for.
The unchallenged evidence of the plaintiff indicated entitlement to a decree as prayed for.
Losing Side's Weaknesses:
The unchallenged evidence of the plaintiff indicated entitlement to a decree as prayed for.
The unchallenged evidence of the plaintiff indicated entitlement to a decree as prayed for.
Supporting Evidence
The unchallenged evidence of PW1 and Ext.A1 to A4 would show that the plaintiff is entitled to a decree as prayed for.
Judgment Evidence:
In the result, the suit is decreed as follows: 1.The plaintiff is entitled to realise an amount of Rs. 1,70,000/- (Rupees One Lakh Seventy Thousand only) from the defendant with interest at the rate of 12% per annum from the date of suit till the date of decree and with future interest at the rate of 6% from the date of decree till realisation of decree amount.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Gokuldas KT
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Sudheesh Kumar
- Party Age
- 59
- Relation
- S/o
Plaintiffs Documents
Sale agreement executed between Sudheeshkumar and Gokuldas, Certified copy of Jenmam assignment deed No.1957/03 of SRO Kakkodi, Copy of lawyer notice sent by Adv.Swapna CP to Sudheesh Kumar, Reply of lawyer notice sent by Adv.Vinod Singh Cheriyan to Adv.Swapna CP.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri.A Basheer
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Smt.Swapna CP
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Smt.Athira PS
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Smt.Sruthi
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sri.Vinod Singh Cheriyan
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sri.TM Khalid
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Smt.Sarany O
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Smt.Seema Varghese
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
The plaintiff is entitled to recover Rs. 1,70,000 from the defendant.
Evidence:
In the result, the suit is decreed as follows: 1.The plaintiff is entitled to realise an amount of Rs. 1,70,000/- (Rupees One Lakh Seventy Thousand only) from the defendant with interest at the rate of 12% per annum from the date of suit till the date of decree and with future interest at the rate of 6% from the date of decree till realisation of decree amount.
Relief Type:
Other
Outcome:
Granted
Description:
The plaintiff is entitled to costs of the suit from the defendant.
Evidence:
The plaintiff is also entitled to realise the costs of the suit from the defendant.
Documents & Evidence
Document Type:
Sale Agreement
Submitted By:
Plaintiff
Relevance:
The sale agreement executed between Sudheesh Kumar and Gokuldas detailing the terms of the sale.
Reference:
Ext.A1
Document Type:
Certified copy of Jenmam assignment deed
Submitted By:
Plaintiff
Relevance:
A certified copy of the assignment deed related to the plaint schedule property.
Reference:
Ext.A2
Document Type:
Lawyer Notice
Submitted By:
Plaintiff
Relevance:
The notice sent by Adv. Swapna CP to Sudheesh Kumar demanding execution of the sale deed.
Reference:
Ext.A3
Document Type:
Lawyer Reply Notice
Submitted By:
Plaintiff
Relevance:
The reply notice sent by Adv. Vinod Singh Cheriyan in response to the complaint.
Reference:
Ext.A4
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Kozhikode
State
Kerala
Court Establishment
Munsiff Court 1 Kozhikode
Common Reasons
Non-payment of rent
Case Code
Case between Gokuldas KT vs Sudheesh Kumar regarding realization of money
Case Code Year
Case between Gokuldas KT vs Sudheesh Kumar regarding realization of money