Case Summary
The plaintiff, G.Suresh Kumar, is seeking to recover money paid as a security deposit after vacating a property. The defendant, Reji Malayil, claims no money is owed and disputes the plaintiff's claims regarding payment and notice to vacate.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Defendant shall pay the plaintiff a sum of ₹ 6,32,500 along with interest and costs.
Case Type
Civil Suit
Final Judgment
No
Why Plaintiff Won:
The defendant failed to prove discharge of his liability to pay the amount owed to the plaintiff.
The defendant failed to prove discharge of his liability to pay the amount owed to the plaintiff.
Judgment Evidence:
In the result, the suit is decreed in part as follows, 1) Defendant shall pay the plaintiff a sum of ₹ 6,32,500 along with interest at the rate of 7.5% per annum from the date of the suit till the date of the decree and @ 6% per annum from the date of the decree till realisation.
Parties Involved
Plaintiffs
G.Suresh Kumar (59 years)
Sadan, Manchalloor, Pathanapuram, Kollam - 689 695
Defendants
Reji Malayil (Age not specified years)
Malayil house, Kanayannoor taluk, Thiruvankulam village, Thiruvankulam P.O, Ernakulam District - 682 305
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff sought recovery of the outstanding amount above loan amount.
Evidence:
The suit is decreed in part as follows, 1) Defendant shall pay the plaintiff a sum of Rs. 6,32,500/- along with interest at the rate of 7.5% per annum from the date of the suit till the date of the decree and @ 6% per annum from the date of the decree till realization.
Relief Type:
Costs
Outcome:
Granted
Description:
Plaintiff entitled for costs of the suit.
Evidence:
Thus, the issue as to costs is also found in favour of the plaintiff.
Documents & Evidence
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
Certified copy of the Sale Deed establishing the property ownership.
Reference:
Ext.A1
Document Type:
Cheque
Submitted By:
Plaintiff
Relevance:
Original cheque issued by the defendant for repayment of the amount owed.
Reference:
Ext.A2
Document Type:
Legal Notice
Submitted By:
Plaintiff
Relevance:
Office copy of the legal notice issued to the defendant demanding repayment.
Reference:
Ext.A3
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
Evidence of sending the legal notice to the defendant.
Reference:
Ext.A4
Document Type:
Acknowledgment card
Submitted By:
Plaintiff
Relevance:
Proof of receipt of legal notice by the defendant.
Reference:
Ext.A5
Document Type:
Newspaper Clipping
Submitted By:
Plaintiff
Relevance:
Printout of newspaper clipping regarding the defendant's alleged involvement in financial fraud.
Reference:
Ext.A6
Document Type:
Certificate
Submitted By:
Plaintiff
Relevance:
Certificate issued under Section 63(2) of the Bharatiya Sakshya Adhiniyam.
Reference:
Ext.A7