Case Summary
The plaintiff, S. Nagappan, a senior citizen and handicapped man, filed a suit against the defendants, Sreekumaran Thambi.G and Balagopal.G.S, for recovery of an advance payment regarding a lease agreement for a building. The defendants failed to execute the lease as agreed and did not return the advance amount.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The plaintiff is entitled to realise an amount of ₹5,55,332 with future interest at the rate of 4% per annum from the date of suit till realization from the defendants and their assets.
Case Type
Civil Suit
Final Judgment
No
The suit is decreed in favor of the plaintiff, allowing him to recover ₹5,55,332 with interest. The defendants are also ordered to pay the costs of the suit.
Why Plaintiff Won:
The plaintiff proved that the defendant owed the claimed amount due to unchallenged evidence.
The plaintiff proved that the defendant owed the claimed amount due to unchallenged evidence.
Losing Side's Weaknesses:
The plaintiff proved that the defendant owed the claimed amount due to unchallenged evidence.
The plaintiff proved that the defendant owed the claimed amount due to unchallenged evidence.
Supporting Evidence
After considering the oral and documentary evidence from the side of the plaintiff, it is proved that the defendant owed the amount to the plaintiff as claimed in the suit. There is no reason to disbelieve PW1. The plaintiff’s evidence remains unchallenged.
Judgment Evidence:
In the result, the suit is decreed as follows: 1.The plaintiff is entitled to realise an amount of 5,55,332/- with future interest at the rate of 4% per annum from the date of suit till realiasation from the defendants and their assets. 2.The defendants shall pay costs of the suit to the plaintiff.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- S. Nagappan
- Party Age
- 68
- Party Role
- Defendant
- Party Name
- Sreekumaran Thambi.G
- Party Age
- 51
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Balagopal. G.S
- Party Age
- 25
- Relation
- S/o
Plaintiffs Documents
Bank Statement
Defendants Documents
Nil
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. L.D.Lijo Roy
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Sri. Alen N. Albin
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
The plaintiff is entitled to realize an amount of ₹5,55,332 with future interest.
Evidence:
the plaintiff is entitled for a decree for realization of 5,55,332/- from the defendants as prayed for.
Relief Type:
Other
Outcome:
Granted
Description:
The defendants shall pay the costs of the suit to the plaintiff.
Evidence:
The defendants shall pay costs of the suit to the plaintiff.
Documents & Evidence
Document Type:
Bank statement
Submitted By:
Plaintiff
Relevance:
The court used this document to support the plaintiff's claim of the amount owed by the defendants.
Reference:
Ext.A1
Case Classification
Case Type
Civil Suit
Category
Money and Loan Recovery
District
Thiruvananthapuram
State
Kerala
Court Establishment
Munsiff Court Thiruvananthapuram
Common Reasons
Recovery of money
Case Code
Case between S. Nagappan vs Sreekumaran Thambi.G et al regarding recovery of money
Case Code Year
Case between S. Nagappan vs Sreekumaran Thambi.G et al regarding recovery of money
Case Flags
Cheque-Related Case
Nature of Cheque Case
Cheque issued towards legally enforceable debt