Case Summary
The plaintiff, Aravindakshan, claims that the defendant, Sujatha, borrowed Rs. 1,75,000 and failed to repay it. The case involves a promissory note and a demand for repayment.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The plaintiff is entitled to realize an amount of Rs. 2,04,197 together with interest at the rate of 6% per annum from the date of suit till the date of realization from the defendant and her assets.
Case Type
Civil Suit
Final Judgment
No
The court decreed the suit in favor of the plaintiff, allowing him to recover a specified amount along with interest and costs.
Why Plaintiff Won:
The plaintiff succeeded in proving his case with adequate evidence including the promissory note.
The plaintiff succeeded in proving his case with adequate evidence including the promissory note.
Losing Side's Weaknesses:
The plaintiff succeeded in proving his case with adequate evidence including the promissory note.
The plaintiff succeeded in proving his case with adequate evidence including the promissory note.
Supporting Evidence
By producing Exts.A1 to A4 and by deposing in tune with the plaint averments in the affidavit, the plaintiff has succeeded in proving his case. Moreover, there is no evidence to rebut the evidence adduced on the side of the plaintiff.
Judgment Evidence:
In the result, the suit is decreed as follows: (i) The plaintiff is entitled to realise an amount of Rs. 2,04,197 together with interest at the rate of 6% per annum from the date of suit till the date of realization from the defendant and her assets.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Aravindakshan
- Party Age
- 62
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Sujatha
- Party Age
- 41
- Relation
- W/o
Plaintiffs Documents
Promissory Note dated 05/03/2020, Advocate notice dated 17/01/2022, Postal receipt dated 18/01/2022, Acknowledgment card dated 19/01/2022
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Ajayan. D.B.
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Rajesh K.Raju
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
The plaintiff is entitled to realize an amount of Rs. 2,04,197/- together with interest.
Evidence:
the suit is decreed as follows: (i) The plaintiff is entitled to realise an amount of Rs. 2,04,197/- (Rupees Two Lakhs Four Thousand One Hundred and Ninety Seven Only) together with interest at the rate of 6% per annum from the date of suit till the date of realization from the defendant and her assets.
Relief Type:
Recovery
Outcome:
Granted
Description:
The plaintiff is also entitled to realize the costs of the suit from the defendant.
Evidence:
the plaintiff is also entitled to realise the costs of the suit from the defendant.
Documents & Evidence
Document Type:
Promissory Note
Submitted By:
Plaintiff
Relevance:
This document evidences the amount borrowed by the defendant from the plaintiff.
Reference:
Ext.A1
Document Type:
Office copy of Advocate notice
Submitted By:
Plaintiff
Relevance:
This notice was sent to the defendant demanding repayment of the loan.
Reference:
Ext.A2
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
This receipt shows proof of sending the legal notice to the defendant.
Reference:
Ext.A3
Document Type:
Acknowledgment card
Submitted By:
Plaintiff
Relevance:
This card indicates that the defendant received the legal notice.
Reference:
Ext.A4
Case Classification
Case Type
Civil Suit
Category
Money and Loan Recovery
District
Kollam
State
Kerala
Court Establishment
Munsiff Court Kollam
Common Reasons
Recovery of money
Case Code
Case between Aravindakshan vs Sujatha regarding realization of money
Case Code Year
Case between Aravindakshan vs Sujatha regarding realization of money