Case Summary
E.K Rajan, the plaintiff, claims that his brother-in-law, Vijayan T.R, borrowed money for business purposes and has failed to repay the loan. The plaintiff provided financial assistance and an agreement was made, which the defendant has not honored.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Defendant is directed to pay ₹7,60,000 with interest.
Case Type
Civil Suit
Final Judgment
No
Why Plaintiff Won:
The evidence presented by the plaintiff, including a signed agreement acknowledging debt, was found credible.
The evidence presented by the plaintiff, including a signed agreement acknowledging debt, was found credible.
Judgment Evidence:
In the result, the suit is decreed as follows: i.The defendant is directed to pay to the plaintiff an amount of ₹7,60,000 with interest at the rate of 2.5% per month from the date of Exhibit A1 agreement.
Parties Involved
Plaintiffs
E.K Rajan (50 years years)
Elamkulath House, Kaipattoor Kara, Kaipattoor Village, Kanayannur Taluk.
Defendants
Vijayan T.R (53 years years)
Rohini Nivas, Thonnalloor Kara, Mevelloor Village, Mevelloor P.O, Vaikom Taluk, PIN – 686 609.
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
The plaintiff sought to recover the amount loaned to the defendant.
Evidence:
The suit is decreed as follows: The defendant is directed to pay to the plaintiff an amount of ₹7,60,000/- with interest at the rate of 2.5% per month from the date of Exhibit A1 agreement.
Relief Type:
Costs
Outcome:
Granted
Description:
The plaintiff is entitled to the costs of the suit from the defendant.
Evidence:
Considering the nature of suit and circumstances surrounding the suit, the plaintiff is entitled to the costs of the suit from the defendant.
Documents & Evidence
Document Type:
Agreement
Submitted By:
Plaintiff
Relevance:
The agreement where the defendant acknowledged the loan amount and terms.
Reference:
Ext.A1
Document Type:
Lawyer Notice
Submitted By:
Plaintiff
Relevance:
The notice sent by the plaintiff to the defendant demanding repayment.
Reference:
Ext.A2
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
Proof of postage for the lawyer notice.
Reference:
Ext.A3
Document Type:
Postal Acknowledgment Card
Submitted By:
Plaintiff
Relevance:
Acknowledgment of receipt of the lawyer notice by the defendant.
Reference:
Ext.A4
Document Type:
Reply Notice
Submitted By:
Plaintiff
Relevance:
The reply sent by the defendant to the plaintiff denying the debt.
Reference:
Ext.A5
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
Certified copy of the sale deed relevant to the plaint property.
Reference:
Ext.A6
Document Type:
Loan Receipt
Submitted By:
Plaintiff
Relevance:
Receipt regarding interest on loans issued by the bank.
Reference:
Ext.A7
Document Type:
Loan Receipt
Submitted By:
Plaintiff
Relevance:
Another receipt regarding interest on loans issued by the bank.
Reference:
Ext.A7(a)
Document Type:
Pass Book
Submitted By:
Plaintiff
Relevance:
The bank passbook showing the details of loan transactions.
Reference:
Ext.A8