Case Summary
The plaintiff is a contractor who undertook painting work for the defendant's house. The defendant failed to pay the agreed amount for the completed work, leading to this suit for recovery of dues.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The plaintiff is entitled for a realisation of an amount of Rs.2,09,892/- with future interest @ 12% per annum from the date of suit till realisation.
Case Type
Civil Suit
Final Judgment
No
The suit is decreed in favor of the plaintiff for the recovery of Rs.2,09,892/- with interest. The court found that the defendant failed to pay as per the agreement.
Why Plaintiff Won:
The defendant failed to make payments as per the agreement.
The defendant failed to make payments as per the agreement.
Losing Side's Weaknesses:
The defendant failed to make payments as per the agreement.
The defendant failed to make payments as per the agreement.
Supporting Evidence
Therefore in the conspectus of the aforesaid facts in evidence of record it can be safely inferred that the defendant failed to make payments as per Ext.A1 agreement and therefore plaintiff is entitled to get the relief as prayed for.
Judgment Evidence:
In the result, the suit is decreed as follows 1) The plaintiff is entitled for a realisation of an amount of Rs.2,09,892/- with future interest @ 12% per annum from the date of suit till realisation from the defendant and his assets.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Padma kumar
- Party Age
- 51
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Manju Sajan George
- Party Age
- 52
Plaintiffs Documents
03.04.2018 Agreement, various Cash/Credit Bills from 14.04.2018 to 22.05.2018, Copy of Advocate Notice dated 21.07.2018, Reply Notice dated 24.07.2018
Defendants Documents
03.04.2018 agreement, Copy of Reply Notice and copy of A/D card dated 24.07.2018
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri.G.S.Prakash
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sri. Robin Jose
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
The plaintiff sought recovery of the amount owed for the painting works completed.
Evidence:
Therefore in the conspectus of the aforesaid facts in evidence of record it can be safely inferred that the defendant failed to make payments as per Ext.A1 agreement and therefore plaintiff is entitled to get the relief as prayed for.
Relief Type:
Costs
Outcome:
Granted
Description:
The plaintiff is entitled to recover the costs of the suit from the defendant.
Evidence:
The plaintiff is entitled to realise the costs of the suit from the defendant and his assets.
Documents & Evidence
Document Type:
Agreement
Submitted By:
Plaintiff
Relevance:
This document details the contract entered into between the plaintiff and defendant for painting works.
Reference:
Ext.A1
Document Type:
Cash/Credit Bill
Submitted By:
Plaintiff
Relevance:
These documents consist of multiple bills for the purchase of paint and materials required for the painting work.
Reference:
Ext.A2 series
Document Type:
Copy of Advocate Notice
Submitted By:
Plaintiff
Relevance:
This document is a legal notice sent to the defendant demanding payment.
Reference:
Ext.A3
Document Type:
Reply Notice
Submitted By:
Plaintiff
Relevance:
This document is the reply to the advocate notice sent by the defendant.
Reference:
Ext.A4
Document Type:
Original Postal receipt
Submitted By:
Plaintiff
Relevance:
This document serves as proof of dispatch for the advocate's notice.
Reference:
Ext.A5
Document Type:
Acknowledgment card
Submitted By:
Plaintiff
Relevance:
This document confirms the receipt of the advocate's notice by the defendant.
Reference:
Ext.A6
Document Type:
Agreement
Submitted By:
Defendant
Relevance:
This document is the customer copy of the agreement for the painting works.
Reference:
Ext.B1
Document Type:
Copy of Reply Notice
Submitted By:
Defendant
Relevance:
This document is a copy of the reply notice sent by the defendant in response to the advocate notice.
Reference:
Ext.B2
Case Classification
Case Type
Civil Suit
Category
Money and Loan Recovery
District
Thiruvananthapuram
State
Kerala
Court Establishment
Munsiff Court Thiruvananthapuram
Common Reasons
Non-payment of rent
Case Code
Case between Padma kumar vs Manju Sajan George regarding realisation of money
Case Code Year
Case between Padma kumar vs Manju Sajan George regarding realisation of money