Case Summary
Plaintiff Ismail filed a suit against defendant Hussain for the realization of Rs. 10,00,000, which the defendant failed to return despite several promises and handing over two cheques.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Money Realization with Interest
Case Type
Civil Suit - Money Realization
Final Judgment
No
The court decreed that the defendant must pay the plaintiff Rs. 10,00,000 with 6% interest per annum from the date of the suit until realization, along with the costs of the suit.
Why Plaintiff Won:
The plaintiff proved his case by providing cogent and reliable evidence.
The plaintiff proved his case by providing cogent and reliable evidence.
Losing Side's Weaknesses:
Not available
Not available
Supporting Evidence
The evidence adduced by the PW1 remained unchallenged. The plaintiff has proved his case by adducing cogent and reliable evidence.
Judgment Evidence:
The suit is decreed as follows: 1. The defendant is directed to pay an amount of Rs. 10,00,000 with interest at the rate of 6% per annum from the date of the suit till realization. 2. The defendant shall pay the costs of the suit.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Ismail
- Party Age
- 42
- Relation
- S/o Thekkath Alavi
- Party Role
- Defendant
- Party Name
- Hussain
- Party Age
- 42
- Relation
- S/o Machingal Moideenkutty
Plaintiffs Documents
Certified copy of Cheque dated 25-1-2016, Memo from Federal Bank, Thalakkadathur dated 21-3-2016, Certified copy of Cheque dated 25-2-2016, Memo from Federal Bank, Thalakkadathur dated 21-3-2016
Defendants Documents
Not available
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. P.Najmudheen
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Sri.C.P.Jamshid Rahman
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Money Realization
Outcome:
Granted
Description:
To pay Rs. 10,00,000 with 6% interest per annum
Evidence:
The defendant is directed to pay an amount of Rs. 10,00,000 with interest at the rate of 6% per annum from the date of the suit till realization.
Documents & Evidence
Document Type:
Certified Copy of Cheque
Submitted By:
Plaintiff
Relevance:
Provided evidence of payment
Reference:
A1
Document Type:
Memo from Federal Bank
Submitted By:
Plaintiff
Relevance:
Supporting evidence for dishonored cheque
Reference:
A2
Document Type:
Certified Copy of Cheque
Submitted By:
Plaintiff
Relevance:
Additional evidence of payment
Reference:
A3
Document Type:
Memo from Federal Bank
Submitted By:
Plaintiff
Relevance:
Further evidence for dishonored cheque
Reference:
A4
Case Classification
Case Type
Civil Suit - Money Realization
Category
Money and Loan Recovery
District
Malappuram
State
Kerala
Court Establishment
Munsiff Court, Tirur / Rent Control Court
Common Reasons
Case Code
Case between Ismail vs Hussain regarding money realization
Case Code Year
Case between Ismail vs Hussain regarding money realization
Case Flags
Cheque-Related Case
Nature of Cheque Case