Case Summary
Raghu.S, the plaintiff, filed a suit against Mr.Chandrababu.P and others to recover an amount paid as advance sale consideration for a property. The defendants failed to execute the sale deed as per the agreement, leading to the plaintiff seeking relief.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Rs.5,74,953/- with future interest @ 8% per annum from the date of suit till decree and 6% from date of decree till realization.
Case Type
Civil Suit
Final Judgment
No
The court ruled in favor of the plaintiff, awarding him a decree for the recovery of Rs.5,74,953/- along with interest. The defendants failed to prove their claims of damages due to the plaintiff's actions.
Why Plaintiff Won:
The plaintiff provided sufficient evidence of payment and the defendants could not substantiate their claims against him.
The plaintiff provided sufficient evidence of payment and the defendants could not substantiate their claims against him.
Losing Side's Weaknesses:
The plaintiff provided sufficient evidence of payment and the defendants could not substantiate their claims against him.
The plaintiff provided sufficient evidence of payment and the defendants could not substantiate their claims against him.
Supporting Evidence
The evidence presented by the plaintiff demonstrated payment of Rs.5,50,000/- towards advance sale consideration while executing the sale agreement, and the defendants failed to support their claims adequately.
Judgment Evidence:
In the result, the suit is decreed as follows 1) The plaintiff is entitled for a realisation of an amount of Rs.5,74,953/- with future interest @ 8% per annum from the date of suit till decree and 6% from date of decree till realisation from the defendant and her assets.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Raghu.S
- Party Age
- 50
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Mr.Chandrababu.P
- Party Age
- 55
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Mr. Shan Kumar
- Party Age
- 34
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Mrs.Sajitha Babu.C.S.
- Party Age
- 30
- Relation
- W/o
Plaintiffs Documents
Sale agreement dated 06/05/2019, Copy of notice dated 07/11/2019, Postal receipts of notice, Reply notice dated 19/11/2019
Defendants Documents
Notice from Taluk Legal Service Authority, Discharge Summary, Receipts from Kandala Service Co-operative Bank
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. R. Chandra Praveen
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Sri. Sanjay Mohan
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Sri. Sirajudeen.S.R.
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Suni.T.Y.U.
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
The plaintiff sought to recover Rs.5,74,953/- with interest from the defendants.
Evidence:
The plaintiff is entitled for a decree for realisation of Rs.5,74,953/- together with interest from the defendant.
Relief Type:
Costs
Outcome:
Granted
Description:
The plaintiff is entitled to recover the costs of the suit from the defendants.
Evidence:
The plaintiff is entitled to realise the costs of the suit from the defendant
Documents & Evidence
Document Type:
Sale Agreement
Submitted By:
Plaintiff
Relevance:
This document establishes the agreement for sale between the plaintiff and defendants, including details of the amount paid.
Reference:
Ext.A1
Document Type:
Advocate Notice
Submitted By:
Plaintiff
Relevance:
This notice demands repayment of the advance amount and establishes the timeline related to the sale agreement.
Reference:
Ext.A2
Document Type:
Postal Receipts
Submitted By:
Plaintiff
Relevance:
These receipts support the serving of the advocate notice to the defendants.
Reference:
Ext.A3 series
Document Type:
Notice from Taluk Legal Service Authority
Submitted By:
Defendant
Relevance:
This document refers to the pending legal matters concerning the defendants.
Reference:
Ext.B1 series
Document Type:
Discharge Summary
Submitted By:
Defendant
Relevance:
This document shows the medical status of one of the defendants during the proceedings.
Reference:
Ext.B2
Document Type:
Receipts from Kandala Service Co-operative Bank
Submitted By:
Defendant
Relevance:
These receipts provide evidence regarding the advance sale consideration received from the plaintiff.
Reference:
Ext.B3
Document Type:
Oral Evidence
Submitted By:
Oral evidence
Relevance:
Testimonies from witnesses PW1, DW1, and DW2 contributed to the court's understanding of the case.
Reference:
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Thiruvananthapuram
State
Kerala
Court Establishment
Munsiff Court Thiruvananthapuram
Common Reasons
Recovery of money
Case Code
Case between Raghu.S vs Mr.Chandrababu.P et al regarding recovery of money
Case Code Year
Case between Raghu.S vs Mr.Chandrababu.P et al regarding recovery of money