Case Summary
City Union Bank Ltd. filed a suit to recover money from the defendants who defaulted on a housing loan secured by mortgaged property. The defendants sold the mortgaged property fraudulently without notifying the bank, leading to the dispute.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The plaintiff is entitled to realize an amount of Rs.6,87,015/- with interest at the rate of 6% per annum from the date of suit till realization.
Case Type
Civil Suit
Final Judgment
No
The suit is decreed in favor of the plaintiff, granting them the amount claimed with interest.
Why Plaintiff Won:
The plaintiff proved their case with adequate evidence and the suit was filed within the limitation period.
The plaintiff proved their case with adequate evidence and the suit was filed within the limitation period.
Losing Side's Weaknesses:
The plaintiff proved their case with adequate evidence and the suit was filed within the limitation period.
The plaintiff proved their case with adequate evidence and the suit was filed within the limitation period.
Supporting Evidence
By producing Exts.A1 to A14 and by deposing in tune with the plaint averments in the affidavit, the plaintiff has succeeded in proving her case.
Judgment Evidence:
In the result, the suit is decreed as follows: The plaintiff is entitled to realise an amount of Rs.6,87,015/- with interest at the rate of 6% per annum from the date of suit till the realization from the defendants and their assets.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- City Union Bank Ltd.
- Party Role
- Defendant
- Party Name
- Sajeevan
- Party Age
- 50
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- N.Rema
- Party Age
- 43
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Nadeera
- Party Age
- 46
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- M/s. Sundaram Finanace Ltd
Plaintiffs Documents
Sanction letter dated 21/05/2010, Demand promissory note dated 31/05/2010, DPN delivery letter dated 31/05/2010, Letter form No.120 dated 31/03/2010, Memorandum of Deposit of title dated 29/05/2010, Revival letters dated 02/04/2013 and 28/03/2016, certified copy of Sale deed No. 652/2015 dated 27/03/2015, etc.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- H.Raju
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- S.Jayasree
- Appearance Type
- Assisting Counsel
- Party Role
- Plaintiff
- Advocate Name
- Thankachan.Y
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- R.Geetha
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- V.Sugathan
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Recovery of Rs.6,87,015/- with interest from the defendants
Evidence:
Hence, the suit is decreed as follows: The plaintiff is entitled to realise an amount of Rs.6,87,015/- (Rupees Six Lakh Eighty Seven Thousand and Fifteen Only) with interest at the rate of 6% per annum from the date of suit till the realization from the defendants and their assets with costs.
Documents & Evidence
Document Type:
Sanction letter
Submitted By:
Plaintiff
Relevance:
Document establishing the approval of the housing loan
Reference:
Ext.A1
Document Type:
Promissory Note
Submitted By:
Plaintiff
Relevance:
Contractual agreement for repayment of the housing loan
Reference:
Ext.A2
Document Type:
DPN Delivery Letter
Submitted By:
Plaintiff
Relevance:
Acknowledgment of delivery of the promissory note
Reference:
Ext.A3
Document Type:
Letter Form No.120
Submitted By:
Plaintiff
Relevance:
Related documentation regarding the loan
Reference:
Ext.A4
Document Type:
Memorandum of Deposit of Title
Submitted By:
Plaintiff
Relevance:
Document detailing the title deed securing the loan
Reference:
Ext.A5
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
Document related to previous transaction regarding the property
Reference:
Ext.A6
Document Type:
Revival Letter
Submitted By:
Plaintiff
Relevance:
Document confirming acknowledgement of loan liability
Reference:
Ext.A7
Document Type:
Revival Letter
Submitted By:
Plaintiff
Relevance:
Second document confirming acknowledgement of loan liability
Reference:
Ext.A8
Document Type:
Balance Confirmation Letter
Submitted By:
Plaintiff
Relevance:
Document verifying outstanding loan amount
Reference:
Ext.A9
Document Type:
Certified copy of Sale Deed
Submitted By:
Plaintiff
Relevance:
Document evidencing fraudulent sale of mortgaged property
Reference:
Ext.A10
Document Type:
Encumbrance certificate
Submitted By:
Plaintiff
Relevance:
Certificate showing legal status of the mortgaged property
Reference:
Ext.A11
Document Type:
Office Copy of Lawyer's Notice
Submitted By:
Plaintiff
Relevance:
Legal notice demanding repayment from defendants
Reference:
Ext.A12
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
Proof of sending the lawyer's notice
Reference:
Ext.A13
Document Type:
Statement of Account
Submitted By:
Plaintiff
Relevance:
Document detailing the account status of the loan
Reference:
Ext.A14
Case Classification
Case Type
Civil Suit
Category
Money and Loan Recovery
District
Kollam
State
Kerala
Court Establishment
Munsiff Court Kollam
Common Reasons
Non-payment of rent
Case Code
Case between City Union Bank Ltd. vs Sajeevan et al regarding realization of money
Case Code Year
Case between City Union Bank Ltd. vs Sajeevan et al regarding realization of money