Case Summary
Hussain, the plaintiff, claims that Musthar.C., the defendant, borrowed Rs. 5,00,000/- and failed to repay despite multiple demands. The case revolves around an unpaid cheque issued by the defendant.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Rs. 5,00,000/- with interest at the rate of 12 % per annum and costs of the suit.
Case Type
Civil Suit
Final Judgment
No
The court found in favor of the plaintiff, ruling that the defendant was liable to repay the amount borrowed. The plaintiff is entitled to recover Rs. 5,00,000/- along with interest and costs.
Why Plaintiff Won:
The plaintiff proved his case with reliable evidence.
The plaintiff proved his case with reliable evidence.
Losing Side's Weaknesses:
The plaintiff proved his case with reliable evidence.
The plaintiff proved his case with reliable evidence.
Supporting Evidence
I find no reason to disbelieve PW1. Therefore, I am satisfied that the plaintiff has proved his case by adducing cogent and reliable evidence.
Judgment Evidence:
In the result, the suit is decreed as follows. 1.Plaintiff is entitled to realise an amount of Rs. 5,00,000/- (Rupees Five lakh only) with interest at the rate of 12 % per annum there on from the date of suit, till the realization.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Hussain
- Party Age
- 46
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Musthar.C.
- Party Age
- 34
- Relation
- S/o
Plaintiffs Documents
Cheque dated 20-09-2018, Memo dated 26-10-2018
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. Dinesh Pookkayil
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sri.P.Sreehari
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff is entitled to recover an amount of Rs. 5,00,000/- with interest.
Evidence:
Therefore, I am satisfied that the plaintiff has proved his case by adducing cogent and reliable evidence. Hence the plaintiff is entitled to a decree as prayed for.
Relief Type:
Other
Outcome:
Granted
Description:
Plaintiff is entitled to recover the costs of the suit from the defendant.
Evidence:
Plaintiff is also entitled to realise the costs of the suit from the defendant.
Documents & Evidence
Document Type:
Cheque
Submitted By:
Plaintiff
Relevance:
The defendant issued this cheque to discharge the liability towards the borrowed amount.
Reference:
Ext.A1
Document Type:
Memo
Submitted By:
Plaintiff
Relevance:
The cheque was returned as unpaid due to insufficient funds.
Reference:
Ext.A2
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 Hussain vs Musthar.C. regarding money recovery
Case Code Year
Case between Hussain vs Musthar.C. regarding money recovery
Case Flags
Cheque-Related Case
Nature of Cheque Case
Cheque Dishonour under Section 138 N.I. Act