Case Summary
Ali, the plaintiff, entered into a partnership agreement with Sharafudheen, the defendant, for a hotel business. After not receiving any profit, Ali sought the return of his investment, which had not been paid by Sharafudheen.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Plaintiff is entitled to realise an amount of Rs. 1,39,785/- with interest
Case Type
Original Suit
Final Judgment
No
The court decreed the suit in favor of the plaintiff, ordering the defendant to pay Rs. 1,39,785/- with interest. The suit was found not barred by limitation.
Why Plaintiff Won:
The court found that the defendant admitted to receiving the share amount and failed to provide evidence of losses that would justify non-payment.
The court found that the defendant admitted to receiving the share amount and failed to provide evidence of losses that would justify non-payment.
Losing Side's Weaknesses:
The court found that the defendant admitted to receiving the share amount and failed to provide evidence of losses that would justify non-payment.
The court found that the defendant admitted to receiving the share amount and failed to provide evidence of losses that would justify non-payment.
Supporting Evidence
The defendant admitted that the amount paid by the plaintiff was utilized for his personal requirements and failed to demonstrate any legitimate reason for withholding payment.
Judgment Evidence:
In the result, the suit is decreed with cost as follows: Plaintiff is entitled to realise an amount of Rs. 1,39,785/- with interest at the rate of 6 % per annum from the date of suit, till the realization, from the defendant.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Ali
- Party Age
- 40
- Relation
- S/o
- Party Role
- Plaintiff
- Party Name
- Muhammed
- Party Age
- 70
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Sharafudheen
- Party Age
- 45
- Relation
- S/o
Plaintiffs Documents
Agreement dated 6-9-2002, Photo copy of Plaint in PLP No. 255/2015, Passport No. N 783617, Passport No. E 3345979, True copy of -Passport No. L 0015436.
Defendants Documents
NIL
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. M.A.Ismail
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sri.M.P.Hussain.
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff is entitled to recover Rs. 1,39,785/- from the defendant.
Evidence:
Therefore, the plaintiff is entitled to realize an amount as claimed in the plaint from the defendant.
Relief Type:
Cost
Outcome:
Granted
Description:
Plaintiff is entitled to realize the costs of the suit from the defendant.
Evidence:
Plaintiff is entitled to realize the costs of the suit from the defendant.
Documents & Evidence
Document Type:
Agreement
Submitted By:
Plaintiff
Relevance:
The agreement dated 6-9-2002 between the plaintiff and defendant regarding the return of the share amount.
Reference:
Ext.A1
Document Type:
Copy of Plaintiff in PLP
Submitted By:
Plaintiff
Relevance:
The photocopy of the plaint in PLP No. 255/2015 which contains a demand for payment.
Reference:
Ext.A2
Document Type:
Passport
Submitted By:
Plaintiff
Relevance:
One of the identities provided by the plaintiff.
Reference:
Ext.A3
Document Type:
Passport
Submitted By:
Plaintiff
Relevance:
Another identity provided by the plaintiff.
Reference:
Ext.A4
Document Type:
Passport
Submitted By:
Plaintiff
Relevance:
Another identity provided by the plaintiff.
Reference:
Ext.A5
Case Classification
Case Type
Original Suit
Category
Other Civil Cases
District
Malappuram
State
Kerala
Court Establishment
Munsiff Court, Tirur / Rent Control Court
Common Reasons
Case Code
Case between Ali vs Sharafudheen regarding return of money
Case Code Year
Case between Ali vs Sharafudheen regarding return of money
Case Flags
Adalath Resolved