Case Summary
Thalhath, a businessman, is suing Kala.M for the recovery of an advance payment related to a property sale. The defendant failed to execute the sale deed and did not repay the advance amount despite demands.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Rs.4,15,996/- with 6% interest from the date of suit till date of realization and cost of the suit
Case Type
Civil Suit
Final Judgment
No
The court decreed in favor of the plaintiff, granting the amount claimed along with interest. The defendant was found to be liable for the advance payment.
Why Plaintiff Won:
The plaintiff established his case through uncontroverted testimony and the agreement that warranted the relief sought.
The plaintiff established his case through uncontroverted testimony and the agreement that warranted the relief sought.
Losing Side's Weaknesses:
The plaintiff established his case through uncontroverted testimony and the agreement that warranted the relief sought.
The plaintiff established his case through uncontroverted testimony and the agreement that warranted the relief sought.
Supporting Evidence
From the uncontroverted testimony of PW1 and Ext.A1 document the plaintiff had established his case warranting the grant of relief sought for.
Judgment Evidence:
Thus, the suit is liable to decreed with costs. In the result, the suit decreed with costs.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Thalhath
- Party Age
- 35
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Kala.M
- Party Age
- 50
- Relation
- W/o
Plaintiffs Documents
Original Agreement for sale
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. Renoy Mohan
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff is entitled to recover an amount of Rs.4,15,996/- with interest from the defendant.
Evidence:
Thus, the suit is liable to decreed with costs. Plaintiff is entitled to realise an amount of Rs.4,15,996/- (Rupees Four lakhs fifteen thousand nine hundred and ninety six only) with 6% interest from the date of suit till the date of realisation and cost of the suit from the defendant and her assets.
Documents & Evidence
Document Type:
Original agreement for sale
Submitted By:
Plaintiff
Relevance:
The plaintiff established his case warranting the grant of relief sought for with the uncontroverted testimony and this document.
Reference:
Ext.A1
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 Thalhath vs Kala.M regarding recovery of money
Case Code Year
Case between Thalhath vs Kala.M regarding recovery of money