Case Summary
Biby John, the plaintiff, is the sole proprietor of Srambikal Finance, engaged in money lending. He filed a suit against Sabeena K. M and Favas K. O for the recovery of a loan amount of Rs. 29,500, which the defendants failed to repay.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Defendants are to pay Rs. 29,500 with 6% interest.
Case Type
Civil Suit
Final Judgment
No
The court decreed the suit in favor of the plaintiff, ordering the defendants to pay Rs. 29,500 with interest.
Why Plaintiff Won:
The plaintiff established that a loan transaction took place and the defendants failed to repay the loan.
The plaintiff established that a loan transaction took place and the defendants failed to repay the loan.
Losing Side's Weaknesses:
The plaintiff established that a loan transaction took place and the defendants failed to repay the loan.
The plaintiff established that a loan transaction took place and the defendants failed to repay the loan.
Supporting Evidence
The plaintiff could establish that an amount of 29,500/- was due to the plaintiff. Hence the plaintiff is entitled to the relief as claimed for.
Judgment Evidence:
In the result, the suit is decreed as follows: It is ordered that the defendants no.1 and 2 to pay to the plaintiff the sum of 29,500/- (₹ Rupees Twenty nine thousand and five hundred only) with interest thereon at the rate of 6% per annum from the date of institution of the suit till the date of realization of the sum.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Biby John
- Party Age
- 43
- Relation
- S/o
- Party Role
- Plaintiff
- Party Name
- Regha P. Nair @ Regha Anilkumar
- Party Age
- 41
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Sabeena K. M
- Party Age
- 40
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Favas K. O @ Abdul Azeez Fawas @ Abdul Azeez K. O.
- Party Age
- 47
- Relation
- S/o
Plaintiffs Documents
Power of attorney, payment voucher, consideration receipt, demand promissory note, legal notice.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Francis Jacob K
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Salini Thomas Thelly
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- K Anilkumar Ambady
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff is entitled to recover ₹29,500/- with interest from the defendants.
Evidence:
The plaintiff is entitled to recover costs from the defendants no.1 and 2.
Relief Type:
Other
Outcome:
Granted
Description:
Plaintiff is entitled to realise the costs from the defendants.
Evidence:
Considering the facts and circumstances of the case, the plaintiff is entitled to recover costs from the defendants.
Documents & Evidence
Document Type:
Power of Attorney
Submitted By:
Plaintiff
Relevance:
Executed by the proprietor of the Srambickal Finance authorizing Regha Anilkumar to represent him.
Reference:
Ext.A1
Document Type:
Payment Voucher
Submitted By:
Plaintiff
Relevance:
Acknowledgment of the loan amount received by the defendants.
Reference:
Ext.A2
Document Type:
Consideration Receipt
Submitted By:
Plaintiff
Relevance:
Receipt for the amount of ₹37,500/- received from the defendants.
Reference:
Ext.A3
Document Type:
Demand Promissory Note
Submitted By:
Plaintiff
Relevance:
Executed by the defendants promising to repay the loan amount.
Reference:
Ext.A4
Document Type:
Copy of ledger Account
Submitted By:
Plaintiff
Relevance:
Shows the outstanding amount of ₹29,500/- due to the plaintiff.
Reference:
Ext.A5
Document Type:
Legal Notice
Submitted By:
Plaintiff
Relevance:
Notice sent to the defendants demanding repayment of the outstanding amount.
Reference:
Ext.A6
Document Type:
Postal Receipts
Submitted By:
Plaintiff
Relevance:
Receipts related to the delivery of legal notice.
Reference:
Ext.A7 series
Document Type:
India Post Tracking Consignment
Submitted By:
Plaintiff
Relevance:
Tracking receipts for the delivery of demand notices to the defendants.
Reference:
Ext.A8 series
Case Classification
Case Type
Civil Suit
Category
Money and Loan Recovery
District
Kottayam
State
Kerala
Court Establishment
Munsiff Court, Kottayam
Common Reasons
Non-payment of rent
Case Code
Case between Biby John vs Sabeena K. M et al regarding money lending dispute.
Case Code Year
Case between Biby John vs Sabeena K. M et al regarding money lending dispute.