Case Summary
The plaintiff, Gokuldas KT, entered into an agreement with the defendant, Sudheesh Kumar, regarding the sale of property. The plaintiff claims the defendant failed to comply with the agreement, leading to this suit for recovery of advanced money.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The plaintiff is entitled to realize an amount of Rs. 1,70,000 with interest.
Case Type
Civil Suit
Final Judgment
No
The suit was decreed in favor of the plaintiff, allowing recovery of the advance amount paid with interest.
Why Plaintiff Won:
The unchallenged evidence and documents supported the plaintiff's claim.
The unchallenged evidence and documents supported the plaintiff's claim.
Losing Side's Weaknesses:
The unchallenged evidence and documents supported the plaintiff's claim.
The unchallenged evidence and documents supported the plaintiff's claim.
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: 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.
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, Copy of lawyer notice sent by Adv.Swapna CP, Reply of lawyer notice sent by Adv.Vinod Singh Cheriyan.
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 realize an amount of Rs. 1,70,000 from the defendant with interest.
Evidence:
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:
Recovery
Outcome:
Granted
Description:
The plaintiff is entitled to realize the 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:
Executed between Sudheeshkumar and Gokuldas on 14.01.2021.
Reference:
Ext.A1
Document Type:
Certified copy of Jenmam assignment deed
Submitted By:
Plaintiff
Relevance:
Executed by Balakrishnan in favour of Sudheesh Kumar.
Reference:
Ext.A2
Document Type:
Lawyer Notice
Submitted By:
Plaintiff
Relevance:
Sent by Adv.Swapna CP to Sudheesh Kumar demanding execution of sale deed.
Reference:
Ext.A3
Document Type:
Reply of Lawyer Notice
Submitted By:
Plaintiff
Relevance:
Sent by Adv.Vinod Singh Cheriyan to Adv.Swapna CP.
Reference:
Ext.A4
Case Classification
Case Type
Civil Suit
Category
Money and Loan Recovery
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.