Case Summary
Binnu Thomas filed a suit against Sheebamol N.D for the return of an advance loan related to a mortgage agreement. The defendant failed to provide the house as agreed and refused to return the advance amount.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Allowed to realize the plaint claim of ₹.1,55,250/- and 9% interest from the date of the suit.
Case Type
Civil Suit
Final Judgment
No
The suit was decreed in favor of the plaintiff, allowing recovery of the claimed amount along with interest.
Why Plaintiff Won:
Plaintiff presented reliable evidence supporting his claim.
Plaintiff presented reliable evidence supporting his claim.
Losing Side's Weaknesses:
Plaintiff presented reliable evidence supporting his claim.
Plaintiff presented reliable evidence supporting his claim.
Supporting Evidence
From the unrebutted evidence adduced by plaintiff, I hold that the plaintiff is entitled to the relief as prayed for.
Judgment Evidence:
In the result, the suit is decreed with costs as follows: The plaintiff is allowed to realize the plaint claim of ₹.1,55,250/-(Rupees One Lakh Fifty Five Thousand Two Hundred and Fifty only) and also to realize 9% interest from the defendant and his assets from the date of the suit ie, 19.02.2024 till realization.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Binnu Thomas
- Party Age
- 27
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Sheebamol N.D
- Party Age
- 40
Plaintiffs Documents
Original Hypothication Agreement, Original receipt of Complaint, Acknowledgment of debt by the defendant.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- A.Manaph
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
The plaintiff is allowed to realize the plaint claim of ₹.1,55,250/- along with interest.
Evidence:
In the result, the suit is decreed with costs as follows: The plaintiff is allowed to realize the plaint claim of ₹.1,55,250/-(Rupees One Lakh Fifty Five Thousand Two Hundred and Fifty only) and also to realize 9% interest from the defendant and his assets from the date of the suit ie, 19.02.2024 till realization.
Documents & Evidence
Document Type:
Hypothecation Agreement
Submitted By:
Plaintiff
Relevance:
To establish the mortgage agreement between the plaintiff and the defendant.
Reference:
Ext.A1
Document Type:
Receipt of Complaint
Submitted By:
Plaintiff
Relevance:
Evidence of the complaint filed by the plaintiff at the Vaikom Police Station.
Reference:
Ext.A2
Document Type:
Acknowledgment of Debt
Submitted By:
Plaintiff
Relevance:
Acknowledgment by the defendant of the debt owed to the plaintiff.
Reference:
Ext.A3
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Kottayam
State
Kerala
Court Establishment
Munsiff Court Vaikom
Common Reasons
Case Code
OS
Case Code Year
2024