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ORIGINAL SUIT No. 306 OF 2018

Case between Hussain vs Musthar.C. regarding money recovery

Court
COURT OF THE MUNSIFF OF TIRUR
Judge
Sri. JANKISH NARAYANAN
Order Date
2019-08-31
Duration
Case Closed

Judgement document from eCourt website

Judgment Document
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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

Plaintiff Won
Interim Order
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.
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.
Losing Side's Weaknesses:
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

Quick Facts

Location
Tirur
District
Malappuram
State
Kerala
Court Establishment
Munsiff Court, Tirur / Rent Control Court
Case Filed
Case Closed
From
Thu, 08/01/2019 - 12:00
To
Sat, 08/31/2019 - 12:00
Outcome Confidence
90%

Involved Entities

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