Case Summary
The plaintiff, Baburajan. P, is seeking to recover a sum of money he paid to KSFE on behalf of the defendant, Ankitha. C, who defaulted on her loan obligations. The plaintiff had mortgaged his property as security for the defendant's debts.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The defendant is directed to pay a sum of Rs.6,90,822/- to the plaintiff with interest at the rate of 9 percent.
Case Type
Civil Suit
Final Judgment
No
The court has ruled in favor of the plaintiff, ordering the defendant to repay the amount he paid to KSFE with interest. The defendant is also directed to cover the costs of the proceedings.
Why Plaintiff Won:
The case was proved by the unchallenged oral testimony of the plaintiff and supporting documents.
The case was proved by the unchallenged oral testimony of the plaintiff and supporting documents.
Losing Side's Weaknesses:
The case was proved by the unchallenged oral testimony of the plaintiff and supporting documents.
The case was proved by the unchallenged oral testimony of the plaintiff and supporting documents.
Supporting Evidence
The case of the plaintiff is proved by the unchallenged oral testimony of the PW1 and the exhibits A1 to A7 document.
Judgment Evidence:
In the result, 1.The defendant is directed to pay a sum of Rs.6,90,822/- (Rupees six lakhs ninety thousand eight hundred and eighty two only) to the plaintiff with interest at the rate of 9 per cent from the date of suit till the date of decree and thereafter at 6 per cent till realisation.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Baburajan. P
- Party Age
- 59
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Ankitha. C
- Party Age
- 39
- Relation
- W/o
Plaintiffs Documents
Exhibit A1 is the letter dated 28.04.2022 issued by the KSFE to the PW1, Exhibit A2 is the letter dated 28.06.2022 issued by the KSFE to the PW1, Exhibit A3 is the account statement dated 31.03.2023 issued by the KSFE to the plaintiff, Exhibit A4 is the letter dated 20.02.2023 issued by KSFE Mavoor Road to the plaintiff, Exhibit A5 is the account statement dated 05.05.2023 evidencing payment of money by the plaintiff, Exhibit A6 is the certified copy of the deed No.1109/2021 of SRO Chevayoor, Exhibit A7 is the encumbrance certificate dated 04.08.2023.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. Bijesh. K
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Mohsin. P. K
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sri. G. Manohar Lal
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Basheer. K. A
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
The defendant is directed to pay a sum of Rs.6,90,822/- to the plaintiff with interest.
Evidence:
The defendant is directed to pay a sum of Rs.6,90,822/- (Rupees six lakhs ninety thousand eight hundred and eighty two only) to the plaintiff with interest at the rate of 9 per cent from the date of suit till the date of decree.
Relief Type:
Other
Outcome:
Granted
Description:
The defendant shall also pay costs of the proceedings to the plaintiff.
Evidence:
The defendant shall also pay costs of the proceedings to the plaintiff.
Documents & Evidence
Document Type:
Notice
Submitted By:
Plaintiff
Relevance:
This notice was issued by KSFE to the plaintiff informing him about the default of the defendant.
Reference:
Ext.A1
Document Type:
Notice
Submitted By:
Plaintiff
Relevance:
This notice was also issued by KSFE to the plaintiff regarding the defendant's default.
Reference:
Ext.A2
Document Type:
Account Statement
Submitted By:
Plaintiff
Relevance:
This account statement from KSFE evidences the amounts involved in the loan agreement.
Reference:
Ext.A3
Document Type:
Letter
Submitted By:
Plaintiff
Relevance:
This letter from KSFE Mavoor Road was sent to the plaintiff, related to the loan.
Reference:
Ext.A4
Document Type:
Account Statement
Submitted By:
Plaintiff
Relevance:
This statement evidences the payment made by the plaintiff towards the loan.
Reference:
Ext.A5
Document Type:
Deed
Submitted By:
Plaintiff
Relevance:
This is a certified copy of the deed related to the mortgaged property.
Reference:
Ext.A6
Document Type:
Encumbrance certificate
Submitted By:
Plaintiff
Relevance:
This certificate issued by the registration department pertains to the mortgaged property.
Reference:
Ext.A7
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Kozhikode
State
Kerala
Court Establishment
Munsiff Court 2 Kozhikode
Common Reasons
Case Code
Case between Baburajan. P vs Ankitha. C regarding realisation of money
Case Code Year
Case between Baburajan. P vs Ankitha. C regarding realisation of money