Case Summary
The plaintiff, Mohanan, filed a suit against the defendant, Sathyan, for the recovery of an advance amount of Rs.3,50,000/- paid for a property sale agreement that the defendant failed to fulfill. The plaintiff claims that the defendant intended to cheat him by not executing the sale deed.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Defendant to pay ₹ Rs.3,69,250/- with interest and costs
Case Type
Civil Suit
Final Judgment
No
The court decreed the suit in favor of the plaintiff, ordering the defendant to pay Rs.3,69,250/- with interest. The plaintiff is also entitled to recover costs of the suit.
Why Plaintiff Won:
The defendant did not provide evidence to rebut the plaintiff’s claims, leading to a decision in favor of the plaintiff.
The defendant did not provide evidence to rebut the plaintiff’s claims, leading to a decision in favor of the plaintiff.
Losing Side's Weaknesses:
Not available
Not available
Supporting Evidence
The defendant being exparte there is no evidence to rebut the version of PW1. Hence of course, the plaintiff is entitled to recover the amount claimed in the plaint with interest. Thus these issues are answered in favour of the plaintiff.
Judgment Evidence:
In the result: a) The suit is decreed. The defendant do pay ₹ Rs.3,69,250/- (Rupees Three Lakhs Sixty Nine Thousand Two Hundred and Fifty only) to the plaintiff with interest @ 12% per annum from the date of suit till the date of decree and thereafter the defendant do pay interest @ 6% per annum upon until the date of realization. b) The plaintiff is also entitled to get costs of the suit.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Mohanan
- Party Age
- 54
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Sathyan
- Party Age
- 53
- Relation
- S/o
Plaintiffs Documents
Original of the Sale Agreement executed by the plaintiff and defendant, Office copy of lawyer notice, Postal receipt, Copy of the postal track consignment
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Babu T Cherian
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- M.Y.Saju
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
The plaintiff is entitled to recover ₹ Rs.3,69,250/- from the defendant with interest.
Evidence:
The plaintiff is entitled to recover the amount claimed in the plaint with interest.
Relief Type:
Costs
Outcome:
Granted
Description:
The plaintiff is entitled to get costs of the suit.
Evidence:
The plaintiff is also entitled to get costs of the suit.
Documents & Evidence
Document Type:
Sale Agreement
Submitted By:
Plaintiff
Relevance:
Original of the Sale Agreement executed by the plaintiff and defendant.
Reference:
Ext.A1
Document Type:
Lawyer Notice
Submitted By:
Plaintiff
Relevance:
Office copy of lawyer notice dated 14.09.2021.
Reference:
Ext.A2
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
Postal receipt dated 14.09.2021.
Reference:
Ext.A3
Document Type:
Postal Track Consignment
Submitted By:
Plaintiff
Relevance:
Copy of the postal track consignment evidencing service of the notice to the defendant dated 16.09.2021.
Reference:
Ext.A4
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Kolenchery
Common Reasons
Non-payment of rent
Case Code
Case between Mohanan vs Sathyan regarding realization of money
Case Code Year
Case between Mohanan vs Sathyan regarding realization of money