Case Summary
Dhanesh Babu.B, the plaintiff, is seeking to recover a loan amount from the defendant, P.S. Sajith. The defendant borrowed ₹9,00,000/- from the plaintiff for personal needs but failed to repay the remaining balance.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The plaintiff is entitled to realize an amount of ₹5,72,500/- together with interest at the rate of 6% per annum from the date of filing of the suit until the date of realization from the defendant and his assets.
Case Type
Civil Suit
Final Judgment
No
The court ruled in favor of the plaintiff, ordering the defendant to repay ₹5,72,500/- along with interest and costs. The suit was decreed based on the evidence presented.
Why Plaintiff Won:
The court found that the evidence clearly demonstrated the defendant's liability to repay the borrowed amount and failed to provide sufficient evidence to refute the claims.
The court found that the evidence clearly demonstrated the defendant's liability to repay the borrowed amount and failed to provide sufficient evidence to refute the claims.
Losing Side's Weaknesses:
The court found that the evidence clearly demonstrated the defendant's liability to repay the borrowed amount and failed to provide sufficient evidence to refute the claims.
The court found that the evidence clearly demonstrated the defendant's liability to repay the borrowed amount and failed to provide sufficient evidence to refute the claims.
Supporting Evidence
The court observes that the defendant borrowed ₹9,00,000/- from PW1 on 27/11/2020 for the purpose of purchasing a residential property, with an agreement to repay the amount along with interest. It is admitted by PW1 that ₹4,00,000/- was repaid by bank transfer on 17/04/2021.
Judgment Evidence:
In the result; the suit is decreed as follows: The plaintiff is entitled to realize an amount of ₹5,72,500/- (Rupees Five Lakh Seventy-Two Thousand Five Hundred only) together with interest at the rate of 6% per annum from the date of filing of the suit until the date of realization from the defendant and his assets.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Dhanesh Babu.B
- Party Age
- 31
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- P.S. Sajith
- Party Age
- 33
- Relation
- S/o
Plaintiffs Documents
Original promissory note No.4643/2013, Advocate notice, Postal receipt
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. S. Shanavas
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Sri. Sajikumar P.S
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Sri. S. Nishin Sha
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Sri. Haleelulla. S
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
The plaintiff is entitled to realize an amount of ₹5,72,500/- from the defendant and his assets with interest.
Evidence:
The plaintiff is entitled to realize an amount of ₹5,72,500/- (Rupees Five Lakh Seventy-Two Thousand Five Hundred only) together with interest at the rate of 6% per annum from the date of filing of the suit until the date of realization from the defendant and his assets.
Relief Type:
Costs
Outcome:
Granted
Description:
The plaintiff is entitled to recover the costs of the suit from the defendant.
Evidence:
The plaintiff is also entitled to recover the costs of this suit from the defendant and his assets.
Documents & Evidence
Document Type:
Promissory Note
Submitted By:
Plaintiff
Relevance:
The court used this document to establish that the defendant executed a promissory note for the remaining balance of ₹5,00,000/- and was liable to repay the amount with interest.
Reference:
Ext.A1
Document Type:
Advocate Notice
Submitted By:
Plaintiff
Relevance:
This document was marked to show that the plaintiff demanded repayment of the borrowed amount with interest from the defendant.
Reference:
Ext.A2
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
The postal receipt was used to confirm that the advocate notice was dispatched to the defendant.
Reference:
Ext.A3
Case Classification
Case Type
Civil Suit
Category
Money and Loan Recovery
District
Thiruvananthapuram
State
Kerala
Court Establishment
Munsiff Court Thiruvananthapuram
Common Reasons
Recovery of money
Case Code
OS.NO.
Case Code Year
2022