Case Summary
The plaintiff, S.Vijayan, a Central Government employee, claims that the defendant, Sreekumaran Thambi.G, a businessman, failed to fulfill a lease agreement for a property. The plaintiff seeks the return of a sum paid for the lease as the defendant has not delivered the keys as promised.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The plaintiff is entitled to recover 6,00,000/- (Rupees Six Lakhs only) with interest at the rate of 6% per annum from the date of the suit until realization, from the defendant and his assets.
Case Type
Civil Suit
Final Judgment
No
The court held that the plaintiff is entitled to recover the amount paid along with interest, as the defendant failed to deliver the keys and repay the sum despite various requests.
Why Plaintiff Won:
The evidence produced by the plaintiff remained unchallenged and established the defendant's liability.
The evidence produced by the plaintiff remained unchallenged and established the defendant's liability.
Losing Side's Weaknesses:
The evidence produced by the plaintiff remained unchallenged and established the defendant's liability.
The evidence produced by the plaintiff remained unchallenged and established the defendant's liability.
Supporting Evidence
The evidence produced by the plaintiff remains unchallenged. Both oral and documentary evidence adduced by PW1 prove that 6,00,000/- (Rupees Six Lakhs only) is due from the defendant.
Judgment Evidence:
In the result: the suit is partly decreed as follows: (a) The plaintiff is entitled to recover an amount of 6,00,000/- (Rupees Six Lakhs only) with interest at the rate of 6% per annum from the date of the suit until realization, from the defendant and his assets.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- S.Vijayan
- Party Age
- 59
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Sreekumaran Thambi.G
- Party Age
- 51
- Relation
- S/o
Plaintiffs Documents
Lease Agreement dated 14.12.2022
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. L.D. Lijo Roy
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Sri. Alen L Albin
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Partly Granted
Description:
The plaintiff is entitled to recover an amount of 6,00,000/- along with interest.
Evidence:
In the result: the suit is partly decreed as follows: (a) The plaintiff is entitled to recover an amount of 6,00,000/- (Rupees Six Lakhs only) with interest at the rate of 6% per annum from the date of the suit until realization, from the defendant and his assets.
Relief Type:
Recovery
Outcome:
Partly Granted
Description:
The plaintiff is also entitled to recover the costs of this suit from the defendant.
Evidence:
In the result: the suit is partly decreed as follows: (b) The plaintiff is also entitled to recover the costs of this suit from the defendant and his assets.
Documents & Evidence
Document Type:
Lease Agreement
Submitted By:
Plaintiff
Relevance:
This document was used to establish the terms of the lease and the amount paid by the plaintiff to the defendant.
Reference:
Ext.A1
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Thiruvananthapuram
State
Kerala
Court Establishment
Munsiff Court Thiruvananthapuram
Common Reasons
Case Code
OS.NO.
Case Code Year
2023