Case Summary
Biju John, the plaintiff, is seeking recovery of a loan amount from the defendants Baiju K K and Mini Baiju. The defendants defaulted on the repayment despite initially adhering to the loan agreement.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Defendant to pay to the plaintiff the sum of ₹21,637 with interest thereon at the rate of 6% per annum from the date of decree till its realization.
Case Type
Civil Suit
Final Judgment
No
The court decreed that the defendants are liable to pay a sum of ₹21,637 along with interest to the plaintiff. The plaintiff is also entitled to recover costs.
Why Plaintiff Won:
The plaint averments, affidavit, and documents establish the case of the plaintiff with no evidence to rebut it.
The plaint averments, affidavit, and documents establish the case of the plaintiff with no evidence to rebut it.
Losing Side's Weaknesses:
The plaint averments, affidavit, and documents establish the case of the plaintiff with no evidence to rebut it.
The plaint averments, affidavit, and documents establish the case of the plaintiff with no evidence to rebut it.
Supporting Evidence
The plaint averments, affidavit and the documents would establish the case of the plaintiff. 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; 1. It is ordered that the defendant to pay to the plaintiff the sum of 21,637/- (Rupees twenty one thousand six hundred and thirty seven only) with interest thereon at the rate of 6% per annum from the date of decree till its realization.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Biju John
- Party Age
- 48
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Baiju K K
- Party Age
- 55
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Mini Baiju
- Party Age
- 51
- Relation
- W/o
Plaintiffs Documents
21.01.2020 Copy of Power of Attorney, 02.06.2023 Receipt, 02.06.2023 Demand Promissory Note, 21.10.2025 Certificate, 09.01.2024 Lawyers Notice, 11.01.2024 Postal Receipt, 15.01.2024 AD Card
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Francis Jacob K
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Shalini Thomas Thelly
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Order for the defendants to pay the plaintiff Rs. 21,637 with interest.
Evidence:
It is ordered that the defendant to pay to the plaintiff the sum of 21,637/- (Rupees twenty one thousand six hundred and thirty seven only) with interest thereon at the rate of 6% per annum from the date of decree till its realization.
Relief Type:
Costs
Outcome:
Granted
Description:
Order for the plaintiff to recover costs from the defendants.
Evidence:
The plaintiff is entitled to realise the costs from the defendants.
Documents & Evidence
Document Type:
Power of Attorney
Submitted By:
Plaintiff
Relevance:
This document establishes the authority of Regha P. Nair to represent the plaintiff in the case.
Reference:
Ext.A1
Document Type:
Receipt
Submitted By:
Plaintiff
Relevance:
This document serves as proof of payment from the defendants to the plaintiff.
Reference:
Ext.A2
Document Type:
Demand Promissory Note
Submitted By:
Plaintiff
Relevance:
This note outlines the defendants' promise to repay the loan amount to the plaintiff.
Reference:
Ext.A3
Document Type:
Certificate
Submitted By:
Plaintiff
Relevance:
This certificate may provide legitimacy to the loan agreement or transactions involved.
Reference:
Ext.A4
Document Type:
Lawyers notice
Submitted By:
Plaintiff
Relevance:
This document serves as a formal notice to the defendants regarding the outstanding payment.
Reference:
Ext.A5
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
This receipt indicates the mailing of the lawyer's notice to the defendants.
Reference:
Ext.A6
Document Type:
AD card
Submitted By:
Plaintiff
Relevance:
The AD card provides proof of delivery of the lawyer's notice to the defendants.
Reference:
Ext.A7
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 Biju John vs Baiju K K et al regarding realisation of money
Case Code Year
Case between Biju John vs Baiju K K et al regarding realisation of money