Case Summary
Sudheesh Kumar T.S filed a suit against Subhadra for the recovery of money paid as an advance for the purchase of property. The defendant failed to fulfill the agreement and did not repay the advance amount as promised.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The plaintiff is entitled to realise an amount of Rs. 3,21,300 along with interest at the rate of 12% per annum from the date of suit till realisation.
Case Type
Civil Suit
Final Judgment
No
The court decreed the suit in favor of the plaintiff, allowing him to recover the amount of Rs. 3,21,300 along with interest from the defendant.
Why Plaintiff Won:
The evidence from the plaintiff and the agreements substantiated his claim for the recovery of the amount.
The evidence from the plaintiff and the agreements substantiated his claim for the recovery of the amount.
Losing Side's Weaknesses:
Not available
Not available
Supporting Evidence
The evidence of PW1, and Exts.A1 to A5 would substantiate the plaint claim. There is no contra evidence to prove otherwise.
Judgment Evidence:
In the result, the suit is decreed with costs as follows: The plaintiff is entitled to realise an amount of Rs. 3,21,300/- (Rupees Three Lakhs Twenty One Thousand Three Hundred only) together with interest at the rate of 12% per annum for the principal amount of Rs. 3,00,000/- from the date of suit till realisation, from the defendant and her assets, with costs.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Sudheesh Kumar T.S
- Party Age
- 40
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Subhadra
- Relation
- W/o
Plaintiffs Documents
Agreement for sale dated 07/11/2022, Agreement dated 14/02/2023, Office copy of lawyer’s notice dated 14/08/2023, Postal receipt dated 14/08/2023, Returned envelope and acknowledgment card.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- G. Bimal Raj
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Akhil. B
- Appearance Type
- Assisting Counsel
- Party Role
- Plaintiff
- Advocate Name
- S. Anilkumar
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- Renu S. Rejan
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sumith Mohan
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
The plaintiff is entitled to realize an amount of Rs. 3,21,300 with 12% interest from the defendant.
Evidence:
The plaintiff is entitled to realise an amount of Rs. 3,21,300/- (Rupees Three Lakhs Twenty One Thousand Three Hundred only) together with interest at the rate of 12% per annum for the principal amount of Rs. 3,00,000/- from the date of suit till realisation, from the defendant and her assets, with costs.
Documents & Evidence
Document Type:
Agreement for sale
Submitted By:
Plaintiff
Relevance:
This document evidences the agreement for sale between the plaintiff and the defendant.
Reference:
Ext.A1
Document Type:
Agreement
Submitted By:
Plaintiff
Relevance:
This document shows the defendant's agreement to repay the advance amount to the plaintiff.
Reference:
Ext.A2
Document Type:
Office copy of Lawyer’s Notice
Submitted By:
Plaintiff
Relevance:
This document contains the legal notice issued to the defendant demanding repayment.
Reference:
Ext.A3
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
This document proves the sending of the legal notice to the defendant.
Reference:
Ext.A4
Document Type:
Returned envelope and acknowledgment card
Submitted By:
Plaintiff
Relevance:
This document confirms the receipt of the legal notice by the defendant.
Reference:
Ext.A5
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Kollam
State
Kerala
Court Establishment
Munsiff Court Kollam
Common Reasons
Recovery of money
Case Code
Case between Sudheesh Kumar T.S vs Subhadra regarding Recovery of Money
Case Code Year
Case between Sudheesh Kumar T.S vs Subhadra regarding Recovery of Money