Case Summary
The plaintiff, Aruldas, is seeking recovery of Rs. 76,300 from defendants Thankamma and Rani for a loan for which he was the surety. Despite repeated demands and an agreement for repayment, the defendants have failed to repay the amount.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The defendants are hereby directed to pay the amount of Rs. 76,300 along with 12% per annum as interest from the date of the suit till the date of decree and with future interest at the rate of 6% per annum, till realization.
Case Type
Civil Suit
Final Judgment
No
The court decreed in favor of the plaintiff, ordering the defendants to pay Rs. 76,300 along with interest due. The defendants were found liable for the amount due based on the evidence presented.
Why Plaintiff Won:
The unchallenged evidence of the plaintiff proved the defendants' liability to pay the owed amount.
The unchallenged evidence of the plaintiff proved the defendants' liability to pay the owed amount.
Losing Side's Weaknesses:
The unchallenged evidence of the plaintiff proved the defendants' liability to pay the owed amount.
The unchallenged evidence of the plaintiff proved the defendants' liability to pay the owed amount.
Supporting Evidence
The unchallenged evidence of PW1 read along with the documents marked as Ext.A1 to A4, in the absence of any contra evidence proves the case of the plaintiff that the defendants are liable to pay the amount due.
Judgment Evidence:
In the result, the suit is decreed with costs as follows: The defendants are hereby directed to pay the amount of Rs. 76,300 along with 12% per annum as interest from the date of suit till the date of decree and with future interest at the rate of 6% per annum, till realization.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Aruldas
- Party Age
- 38
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Thankamma
- Party Age
- 70
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Rani
- Party Age
- 43
- Relation
- W/o
Plaintiffs Documents
Receipts from Ernakulam District Co-operative Bank, office copy of lawyer notice, acknowledgment cards, demand notice
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- T.N. Dileepkumar
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Recovery of Rs. 76,300 along with interest from the defendants.
Evidence:
The defendants are hereby directed to pay the amount of Rs. 76,300/- along with 12% per annum as interest from the date of suit till the date of decree and with future interest at the rate of 6% per annum, till realization.
Documents & Evidence
Document Type:
Receipts
Submitted By:
Plaintiff
Relevance:
Receipts of payment made by the plaintiff related to the loan.
Reference:
Ext.A1
Document Type:
Lawyer Notice
Submitted By:
Plaintiff
Relevance:
Office copy of the lawyer notice demanding repayment from the defendants.
Reference:
Ext.A2
Document Type:
Acknowledgment Cards
Submitted By:
Plaintiff
Relevance:
Acknowledgment cards related to the loan agreement.
Reference:
Ext.A3
Document Type:
Demand Notice
Submitted By:
Plaintiff
Relevance:
Demand notice issued to the defendants for repayment.
Reference:
Ext.A4
Case Classification
Case Type
Civil Suit
Category
Money and Loan Recovery
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Kolenchery
Common Reasons
Recovery of money
Case Code
Case between Aruldas vs Thankamma, Rani regarding realization of money
Case Code Year
Case between Aruldas vs Thankamma, Rani regarding realization of money