Case Summary
The plaintiff, I. Thankanilavu, is seeking recovery of ₹5,00,000/- from the defendant, S. Kumar, who did not hand over the shop room as agreed upon. The plaintiff claims the defendant breached their agreement and has not returned the money.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The plaintiff is entitled to realise an amount of ₹5,34,000/- with 6% interest from the date of the suit, till date of realisation from the defendant and his assets.
Case Type
Civil Suit
Final Judgment
No
The court decreed the suit in favor of the plaintiff, ordering the defendant to pay ₹5,34,000/- with interest and costs.
Why Plaintiff Won:
The plaintiff provided sufficient evidence to prove the execution of the agreement by the defendant.
The plaintiff provided sufficient evidence to prove the execution of the agreement by the defendant.
Losing Side's Weaknesses:
The plaintiff provided sufficient evidence to prove the execution of the agreement by the defendant.
The plaintiff provided sufficient evidence to prove the execution of the agreement by the defendant.
Supporting Evidence
The evidence established that the defendant had accepted the amount and executed a document in favor of the plaintiff for lending out his shop room for conducting business. Despite the defendant’s claims of forgery, no evidence was provided by the defendant to support this allegation.
Judgment Evidence:
In the result; the suit is decreed as follows: - (a) The plaintiff is entitled to realise an amount of 5,34,000 ₹/- (Rupees Five Lakhs Thirty-Four Thousand only) with 6% interest from the date of the suit, till date of realisation from the defendant and his assets.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- I. Thankanilavu
- Party Age
- 40
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- S. Kumar
- Party Age
- 42
- Relation
- S/o
Plaintiffs Documents
Agreement dated 25.07.2015, Copy of the Advocate’s notice, Postal receipt, Postal acknowledgment card.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Smt. Asha T. Nair
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sri. N.S. Panchu
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sri. G.S. Rajeev Chempakassery
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
The plaintiff is entitled to recover an amount of ₹5,34,000/- with interest.
Evidence:
the suit is decreed as follows: - (a) The plaintiff is entitled to realise an amount of 5,34,000 ₹/- (Rupees Five Lakhs Thirty-Four Thousand only) with 6% interest from the date of the suit, till date of realisation from the defendant and his assets.
Relief Type:
Costs
Outcome:
Granted
Description:
The plaintiff is entitled to recover the costs of the suit from the defendant.
Evidence:
the plaintiff is also entitled to realise the costs of this suit from the defendant and his assets.
Documents & Evidence
Document Type:
Agreement
Submitted By:
Plaintiff
Relevance:
Executed by the defendant stating the shop room was to be given to the plaintiff for business purposes.
Reference:
Ext.A1
Document Type:
Advocate’s notice
Submitted By:
Plaintiff
Relevance:
Notice sent to the defendant demanding the return of the amount paid.
Reference:
Ext.A2
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
Receipt related to the sending of the advocate's notice.
Reference:
Ext.A3
Document Type:
Postal Acknowledgment Card
Submitted By:
Plaintiff
Relevance:
Acknowledgment card confirming the receipt of the advocate's notice by the defendant.
Reference:
Ext.A4
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Thiruvananthapuram
State
Kerala
Court Establishment
Munsiff Court Thiruvananthapuram
Common Reasons
Case Code
OS.NO.
Case Code Year
2016