Case Summary
Canara Bank filed a suit against Mahesh.P. P for the recovery of an agricultural loan amounting to Rs. 60,493/- which was not repaid by the defendant. The defendant defaulted on the loan repayment and did not respond to the bank's demands.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Defendant is hereby directed to give the plaintiff an amount of Rs. 60,493/- with interest and costs of the suit.
Case Type
Civil Suit
Final Judgment
No
The court decreed the suit in favor of the plaintiff, directing the defendant to pay Rs. 60,493/- with interest until realization and also to cover the costs of the suit.
Why Plaintiff Won:
The plaintiff provided sufficient evidence of the loan agreement and the defendant's default in repayment.
The plaintiff provided sufficient evidence of the loan agreement and the defendant's default in repayment.
Losing Side's Weaknesses:
Not available
Not available
Supporting Evidence
The plaintiff has maintained true and proper account relating to the above transaction in the name of the defendant in the ordinary course of business. The evidence adduced by the plaintiff remains unchallenged.
Judgment Evidence:
In the result, the suit is decreed as follows: 1. The defendant is hereby directed to give the plaintiff an amount of Rs. 60,493/- (Rupees Sixty thousand four hundred and ninety three only) with interest at the rate of 11.25% per annum from the date of suit till today and thereafter at the rate of 6% per annum till realization on Rs. 59,451/- (Rupees Fifty nine thousand four hundred and fifty one only). 2. Defendant is hereby directed to give the costs of the suit to the plaintiff.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Canara Bank
- Relation
- Represented by
- Party Role
- Defendant
- Party Name
- Mahesh.P. P
- Party Age
- 45
- Relation
- S/o
Plaintiffs Documents
Common Application Form cum Appraisal report for credit Facilities for Agricultural Loan, Agreement of Hypothecation for Agricultural Loan, Lawyer Notice, Certified Extract of Ledger Account
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Smt. Mercyamma Mathew
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff is granted the amount of Rs. 60,493/- with interest.
Evidence:
The defenant is hereby directed to give the plaintiff an amount of Rs. 60,493/- (Rupees Sixty thousand four hundred and ninety three only) with interest at the rate of 11.25% per annum from the date of suit till today and thereafter at the rate of 6% per annum till realization on Rs. 59,451/- (Rupees Fifty nine thousand four hundred and fifty one only).
Relief Type:
Cost
Outcome:
Granted
Description:
Defendant is directed to pay costs of the suit to the plaintiff.
Evidence:
Defendant is hereby directed to give the costs of the suit to the plaintiff.
Documents & Evidence
Document Type:
Common Application Form cum Appraisal Report for Agricultural Loan
Submitted By:
Plaintiff
Relevance:
This document shows the defendant's application for the agricultural loan.
Reference:
Ext.A1
Document Type:
Agreement of Hypothecation for Agricultural Loan
Submitted By:
Plaintiff
Relevance:
This document establishes the hypothecation of the land in favor of the plaintiff bank for the loan.
Reference:
Ext.A2
Document Type:
Lawyer Notice
Submitted By:
Plaintiff
Relevance:
These documents were used to show the notice sent to the defendant regarding the loan repayment.
Reference:
Ext.A3 (a, b)
Document Type:
Certified Extract of Ledger Account
Submitted By:
Plaintiff
Relevance:
This document provides the account statement showing the outstanding loan balance due.
Reference:
Ext.A4
Case Classification
Case Type
Civil Suit
Category
Money and Loan Recovery
District
Malappuram
State
Kerala
Court Establishment
Munsiff Court, Tirur / Rent Control Court
Common Reasons
Non-payment of rent
Case Code
Case between Canara Bank vs Mahesh.P. P regarding realisation of money
Case Code Year
Case between Canara Bank vs Mahesh.P. P regarding realisation of money