Case Summary
The plaintiff, Dharman.K.P., a newspaper agent, claims that the defendant, Thandalam Valappil Sakkariya, borrowed Rs. 3,00,000 and executed a promissory note to repay the amount. The defendant denies signing the note, alleging it is forged.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Defendant is directed to pay Rs. 4,06,817 with interest @ 12% per annum and costs of the suit
Case Type
Civil Suit
Final Judgment
No
The court found in favor of the plaintiff, ordering the defendant to pay Rs. 4,06,817 with interest and costs of the suit. The plaintiff proved the execution of the promissory note.
Why Plaintiff Won:
The plaintiff proved the execution of the promissory note and the defendant's liability to pay.
The plaintiff proved the execution of the promissory note and the defendant's liability to pay.
Losing Side's Weaknesses:
Not available
Not available
Supporting Evidence
Therefore, I hold a view that the case of the defendant is not a probable or believable one. I have not seen any materials except certain unworthy contentions raised by the defendant to doubt the case of the plaintiff.
Judgment Evidence:
In the result, the suit is decreed with costs as follows: Defendant is directed to pay Rs.4,06,817/- (Rupees Four Lakh Six Thousand Eight Hundred and Seventeen only) with interest @ 12% per annum from the date of suit till its realization, to the plaintiff.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Dharman.K.P.
- Party Age
- 49
- Relation
- S/o
- Party Role
- Plaintiff
- Party Name
- Vijayan Tharayil
- Party Age
- 49
- Relation
- Power of Attorney Holder
- Party Role
- Defendant
- Party Name
- Thandalam Valappil Sakkariya
- Party Age
- 47
- Relation
- S/o
Plaintiffs Documents
30-11-2010: Promissory Note, 06-11-2013: Cheque No 760999 for Rs. 3,00,000/-, 07-11-2013: Return Memo, various Jenm Assignment deeds, Passport, Certificates from Malayala Manorama and Mathrubhumi, Registration Certificates of vehicles, Share Certificate.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. Suresh. A. Alingal
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sri. M.K.Moosakutty
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff entitled to recover Rs.4,06,817/- with interest from the defendant.
Evidence:
Defendant is directed to pay Rs.4,06,817/- ( Rupees Four Lakh Six Thousand Eight Hundred and Seventeen only) with interest @ 12% per annum from the date of suit till its realization, to the plaintiff.
Relief Type:
Costs
Outcome:
Granted
Description:
Plaintiff entitled to recover costs of the suit from the defendant.
Evidence:
Hence the plaintiff is entitled to realise the cost of the suit from the defendant.
Documents & Evidence
Document Type:
Promissory Note
Submitted By:
Plaintiff
Relevance:
Executed by the defendant in favor of the plaintiff to acknowledge the loan amount of Rs.3,00,000/-.
Reference:
Ext.A1
Document Type:
Cheque
Submitted By:
Plaintiff
Relevance:
Issued by the defendant as repayment for the loan amount which was returned as unpaid.
Reference:
Ext.A2
Document Type:
Return Memo
Submitted By:
Plaintiff
Relevance:
Indicates that the cheque issued by the defendant was returned due to insufficient funds.
Reference:
Ext.A3
Document Type:
Certified Copy of Jenm Assignment deed
Submitted By:
Plaintiff
Relevance:
Documents demonstrating the financial capacity of the plaintiff.
Reference:
Ext.A4 to A9
Document Type:
Passport
Submitted By:
Plaintiff
Relevance:
Proof of plaintiff's identity.
Reference:
Ext.A10
Document Type:
Passport
Submitted By:
Plaintiff
Relevance:
Renewed proof of plaintiff's identity.
Reference:
Ext.A11
Document Type:
Certificates from Malayala Manorama
Submitted By:
Plaintiff
Relevance:
Establishes the plaintiff's business credentials.
Reference:
Ext.A12
Document Type:
Certificates from Mathrubhumi
Submitted By:
Plaintiff
Relevance:
Establishes the plaintiff's business credentials.
Reference:
Ext.A13
Document Type:
Registration Certificate of Vehicle
Submitted By:
Plaintiff
Relevance:
Proves ownership and financial capacity of the plaintiff.
Reference:
Ext.A14
Document Type:
Registration Certificate of Vehicle
Submitted By:
Plaintiff
Relevance:
Proves ownership and financial capacity of the plaintiff.
Reference:
Ext.A15
Document Type:
Jenm Assignment Deed
Submitted By:
Plaintiff
Relevance:
Demonstrates further financial interests of the plaintiff.
Reference:
Ext.A16
Document Type:
Jenm Assignment Deed
Submitted By:
Plaintiff
Relevance:
Demonstrates further financial interests of the plaintiff.
Reference:
Ext.A17
Document Type:
Letter from Malabar Land Promoters Limited Liability Partnership
Submitted By:
Plaintiff
Relevance:
Relevant financial correspondence concerning the plaintiff.
Reference:
Ext.A18
Document Type:
Pass Book
Submitted By:
Plaintiff
Relevance:
Shows financial transactions related to the plaintiff.
Reference:
Ext.A19
Document Type:
Share Certificate
Submitted By:
Plaintiff
Relevance:
Indicates the plaintiff's financial investments.
Reference:
Ext.A20
Document Type:
Expert Report
Submitted By:
Court
Relevance:
Provided expert analysis regarding signatures pertinent for the forgery claims.
Reference:
Ext.X1
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
Recovery of money
Case Code
Case between Dharman.K.P. vs Thandalam Valappil Sakkariya regarding realization of money
Case Code Year
Case between Dharman.K.P. vs Thandalam Valappil Sakkariya regarding realization of money
Case Flags
Cheque-Related Case
Nature of Cheque Case
Cheque Dishonour