Case Summary
The plaintiffs, George Jose and Betty Jose, are seeking to recover money lent to the defendant, Biju. The amount was loaned to Biju for property-related construction but has not been repaid as agreed.
Judgment Outcome
Judgment Favored
Partial
Relief Granted
Rs.2,98,038/- with interest @ 6% per annum from the date of suit till realization of amount
Case Type
Civil Suit
Final Judgment
No
The court found in favor of the plaintiffs partially, granting them the right to recover a specific amount with interest.
Key Reasoning:
The plaintiffs established their case based on the credible evidence presented.
The plaintiffs established their case based on the credible evidence presented.
Losing Side's Weaknesses:
Not available
Not available
Supporting Evidence
On an overall analysis of the evidence before the court, the case of the plaintiffs is more probable.
Judgment Evidence:
In the result, Suit is decreed in part as follows: 1.The plaintiff is entitled to realise an amount of Rs.2,98,038/- (Rupees two lakhs ninety eight thousand and thirty eight only) with interest @ 6% per annum from the date of suit till realisation of amount.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- George Jose
- Party Age
- 67
- Relation
- S/o
- Party Role
- Plaintiff
- Party Name
- Betty Jose
- Party Age
- 62
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Biju
- Party Age
- 51
- Relation
- S/o
Plaintiffs Documents
Pay in slip dated 27.02.2019, Pay in slip dated 13.05.2019, Pay in slip dated 01.07.2019, Pay in slip dated 13.08.2019, Pay in slip dated 05.09.2019, Pay in slip dated 25.10.2019, Pay in slip dated 30.11.2019, Pay in slip dated 30.12.2019, Pay in slip dated 27.10.2020.
Defendants Documents
Wound Certificate dated 03.07.2022.
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Jayakrishnan R
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Nikshita Annie Thomas
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- K A Bijoy
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiffs entitled to recover an amount.
Evidence:
The plaintiffs are entitled to realise an amount of Rs.2,98,038/- (Rupees two lakhs ninety eight thousand and thirty eight only) with interest @ 6% per annum from the date of suit till realisation of amount.
Documents & Evidence
Document Type:
Pay in Slip
Submitted By:
Plaintiff
Relevance:
Receipts showing the repayments to the loan account.
Reference:
Ext.A1 series
Document Type:
Wound Certificate
Submitted By:
Defendant
Relevance:
Certificate related to an incident involving the first plaintiff.
Reference:
Ext.B1
Document Type:
Statement of Account and Certificate
Submitted By:
Unknown
Relevance:
Details of loan account showing amount taken as loan.
Reference:
Ext.X1
Document Type:
Statement of Account and Certificate
Submitted By:
Unknown
Relevance:
Details regarding the account transactions.
Reference:
Ext.X2
Document Type:
Statement of Account and Certificate
Submitted By:
Unknown
Relevance:
Further account details related to transactions.
Reference:
Ext.X3
Document Type:
Loan Application
Submitted By:
Unknown
Relevance:
Documentation related to loan application.
Reference:
Ext.X4
Document Type:
Copy of sale deed
Submitted By:
Unknown
Relevance:
Proof of property ownership.
Reference:
Ext.X4(g)
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Kottayam
State
Kerala
Court Establishment
Munsiff Court, Kottayam
Common Reasons
Case Code
Case between George Jose et al vs Biju regarding realization of money
Case Code Year
Case between George Jose et al vs Biju regarding realization of money