Case Summary
The plaintiff, Sumila Chandran. L, has filed a suit against Sreekumaran Thampi for recovery of Rs.6,00,000/- based on an Otti agreement. The defendant failed to appear in court, leading the plaintiff to seek enforcement of the agreement.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Plaintiff is entitled to realise an amount of Rs.6,00,000/- from the defendant.
Case Type
Civil Suit
Final Judgment
No
The court decreed the suit in favor of the plaintiff, ordering the defendant to pay Rs.6,00,000/- to the plaintiff and further directing measures to be taken in case of non-payment.
Why Plaintiff Won:
The plaintiff provided unchallenged evidence supporting her claim for the recovery of money based on a valid agreement.
The plaintiff provided unchallenged evidence supporting her claim for the recovery of money based on a valid agreement.
Losing Side's Weaknesses:
The plaintiff provided unchallenged evidence supporting her claim for the recovery of money based on a valid agreement.
The plaintiff provided unchallenged evidence supporting her claim for the recovery of money based on a valid agreement.
Supporting Evidence
The defendant chose to remain exparte till conclusion of the proceedings and there is nothing offered before Court to disbelieve the version of plaintiff which remained unchallenged and unrebutted.
Judgment Evidence:
In the result, the suit is decreed with costs. Plaintiff is entitled to realise an amount of Rs.6,00,000/- from the defendant.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Sumila Chandran. L
- Party Age
- 37
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Sreekumaran Thampi @ Sreekumaran Nair
- Party Age
- 53
- Relation
- S/o
Plaintiffs Documents
Certified Copy of Sale deed No.2426/1/2001, Agreement of Otti dated 29/06/2022, Copy of Property Tax receipt dated 21/06/2024
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. S. Suresh Babu
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff is entitled to realise an amount of Rs.6,00,000/- from the defendant.
Evidence:
In the result, the suit is decreed with costs: Plaintiff is entitled to realise an amount of Rs.6,00,000/- (Rupees Six lakhs only) from the defendant.
Relief Type:
Other
Outcome:
Granted
Description:
Defendant is directed to pay into Court the amount of Rs.6,00,000/- within a specified time.
Evidence:
The defendant is hereby directed to pay into Court the amount of Rs.6,00,000/- (Rupees Six lakhs only) on or before 29/07/2025.
Relief Type:
Other
Outcome:
Not Decided
Description:
Plaintiff shall apply for a final decree for the sale of mortgaged property if payment is defaulted.
Evidence:
It is hereby further ordered that in default of payment as aforesaid, the plaintiff shall apply to the Court for a final decree for the sale of mortgaged property.
Relief Type:
Other
Outcome:
Granted
Description:
Plaintiff is entitled to realize the costs of the suit from the defendant.
Evidence:
The Plaintiff is entitled to realize the costs of the suit from the defendant and his assets.
Documents & Evidence
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
Certified copy of sale deed proving the transaction related to the case.
Reference:
Ext.A1
Document Type:
Otti Agreement
Submitted By:
Plaintiff
Relevance:
Agreement of Otti dated 29/06/2022 outlining the terms of the money given.
Reference:
Ext.A2
Document Type:
Property Tax Receipt
Submitted By:
Plaintiff
Relevance:
Copy of property tax receipt dated 21/06/2024 supporting the plaintiff's claims.
Reference:
Ext.A3
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 Sumila Chandran. L vs Sreekumaran Thampi @ Sreekumaran Nair regarding recovery of money.
Case Code Year
Case between Sumila Chandran. L vs Sreekumaran Thampi @ Sreekumaran Nair regarding recovery of money.