Case Summary
C.P.Najeeb filed a suit against Kummali Shameer Ali for the recovery of Rs.7,50,000/- loaned for business purposes. The defendant contested the claim, stating that he did not borrow any money from the plaintiff.
Judgment Outcome
Judgment Favored
Defendant
Relief Granted
Case Type
Civil Suit
Final Judgment
No
The suit filed by C.P.Najeeb for the recovery of Rs.7,50,000/- was dismissed by the court. The plaintiff failed to provide credible evidence to support his claim.
Key Reasoning:
The plaintiff failed to establish that the loan of Rs.7,50,000/- was given to the defendant.
The plaintiff failed to establish that the loan of Rs.7,50,000/- was given to the defendant.
Why Defendant Won:
The plaintiff failed to establish that the loan of Rs.7,50,000/- was given to the defendant.
The plaintiff failed to establish that the loan of Rs.7,50,000/- was given to the defendant.
Supporting Evidence
The only evidence regarding payment of Rs.7,50,000/- to the defendant by the plaintiff is his own interested testimony.
Judgment Evidence:
In the result, the suit is dismissed. There shall be no order as to costs.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- C.P.Najeeb
- Party Age
- 41
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Kummali Shameer Ali
- Party Age
- 32
- Relation
- S/o
Plaintiffs Documents
Agreement executed between Plaintiff and Defendant dated 13.12.2019
Defendants Documents
Certified copy of Sale deed dated 14.08.2018, Certified copy of the cheque bearing No.000032 and No.000031, Receipt evidencing payment of Rs.2,00,000/-.
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri.K.Mujeeb Rahman
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sri.Razal Rahiman
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Jyothi.R
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- Amrutha.K.P
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Rejected
Description:
Plaintiff's claim to recover a sum of Rs.7,50,000/- with interest.
Evidence:
In view of the foregoing discussion, the plaintiff is not entitled to realise the plaint claim from the defendant.
Documents & Evidence
Document Type:
Agreement
Submitted By:
Plaintiff
Relevance:
The plaintiff and defendant executed an agreement regarding the loan of Rs.7,50,000/-.
Reference:
Ext.A1
Document Type:
Aadhar Card
Submitted By:
Plaintiff
Relevance:
Photocopy of Aadhar Card of the defendant.
Reference:
Ext.A2
Document Type:
Sale deed
Submitted By:
Defendant
Relevance:
Certified copy of sale deed related to transaction involving timber business.
Reference:
Ext.B1
Document Type:
Cheque
Submitted By:
Defendant
Relevance:
Certified copy of cheque issued by Aash Traders to the plaintiff.
Reference:
Ext.B2
Document Type:
Cheque
Submitted By:
Defendant
Relevance:
Certified copy of another cheque issued by Aash Traders to the plaintiff.
Reference:
Ext.B3
Document Type:
Receipt
Submitted By:
Defendant
Relevance:
Receipt evidencing payment towards purchase of timber by the plaintiff.
Reference:
Ext.B4
Document Type:
Complaint
Submitted By:
Defendant
Relevance:
Certified copy of the complaint filed before JFCM V, Kozhikode.
Reference:
Ext.B5
Document Type:
True Copy of Deed of Partnership
Submitted By:
Unknown
Relevance:
Part of the evidence presented.
Reference:
Ext.X1
Document Type:
Registration Certificate
Submitted By:
Unknown
Relevance:
Part of the evidence presented.
Reference:
Ext.X1(a)
Document Type:
Details of Managing/Authorised Partners
Submitted By:
Unknown
Relevance:
Part of the evidence presented.
Reference:
Ext.X1(b)
Case Classification
Case Type
Civil Suit
Category
Money and Loan Recovery
District
Kozhikode
State
Kerala
Court Establishment
Munsiff Court 2 Kozhikode
Common Reasons
Non-payment of Loan
Case Code
Case between C.P.Najeeb vs Kummali Shameer Ali regarding loan repayment
Case Code Year
Case between C.P.Najeeb vs Kummali Shameer Ali regarding loan repayment