Case Summary
Abdul Salam U. filed a suit against K.Anwar seeking realization of Rs.7,00,000/- borrowed for business purposes, as promised by the defendant but not repaid.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Realization of Rs.7,00,000/- with interest and costs
Case Type
Civil Suit - Money Realization
Final Judgment
No
The court decreed in favor of the plaintiff, allowing him to realize Rs.7,00,000/- along with interest and costs from the defendant.
Why Plaintiff Won:
The plaintiff provided cogent and reliable evidence, and the defendant remained ex-parte.
The plaintiff provided cogent and reliable evidence, and the defendant remained ex-parte.
Losing Side's Weaknesses:
The plaintiff provided cogent and reliable evidence, and the defendant remained ex-parte.
The plaintiff provided cogent and reliable evidence, and the defendant remained ex-parte.
Supporting Evidence
Hence the suit is filed for realization of that amount. Plaintiff was examined as PW1. He filed affidavit in lieu of examination in chief re-iterating the averments in the plaint. Since the defendant remained ex-parte, the evidence adduced by the plaintiff remained unchallenged. I find no reason to disbelieve the plaintiff.
Judgment Evidence:
In the result, the suit is decreed as follows:- 1. Plaintiff is allowed to realise an amount of Rs.7,00,000/- (Rupees Seven Lakh only) with interest at the rate of 6% per annum from the date of suit till realisation from the defendant and his assets. 2. Plaintiff is entitled to realise costs of the suit from the defendant.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Abdul Salam U.
- Party Age
- 60
- Relation
- S/o. Beerankutty
- Party Role
- Defendant
- Party Name
- K.Anwar
- Party Age
- 39
- Relation
- S/o. Yahutty
Plaintiffs Documents
Certified Copy of Cheque for Rs.7,00,000/-, Certified Copy of Cheque Return Memo, Certified Copy of Lawyer Notice
Defendants Documents
Not mentioned
Advocates
Reliefs
Relief Type:
Money Realization
Outcome:
Granted
Description:
Realization of Rs.7,00,000/- with interest and costs
Evidence:
The court decreed as follows - 1. Plaintiff is allowed to realise an amount of Rs.7,00,000/- with interest at the rate of 6% per annum from the date of suit till realisation from the defendant and his assets. 2. Plaintiff is entitled to realise costs of the suit from the defendant.
Documents & Evidence
Document Type:
Certified Copy of Cheque
Submitted By:
Plaintiff
Relevance:
Showed issuance of the cheque for Rs.7,00,000/-
Reference:
A1
Document Type:
Certified Copy of Cheque Return Memo
Submitted By:
Plaintiff
Relevance:
Documented the cheque return reason as 'account closed'
Reference:
A2
Document Type:
Certified Copy of Lawyer Notice
Submitted By:
Plaintiff
Relevance:
Evidence of issuing a lawyer notice to the defendant
Reference:
A3
Document Type:
Certified Copy of Unserved Cover
Submitted By:
Plaintiff
Relevance:
Documented unsuccessful attempt to serve the notice to the defendant
Reference:
A4
Case Classification
Case Type
Civil Suit - Money Realization
Category
Money and Loan Recovery
District
Malappuram
State
Kerala
Court Establishment
Munsiff Court, Tirur / Rent Control Court
Common Reasons
Case Code
Case between Abdul Salam U. vs K.Anwar regarding money realization
Case Code Year
Case between Abdul Salam U. vs K.Anwar regarding money realization
Case Flags
Cheque-Related Case
Nature of Cheque Case