Case Summary
The plaintiffs, including John Fernandez and others, are seeking to recover an amount of Rs. 2,00,000 from the defendant, Navas, who borrowed the money. The defendant contends that no money was borrowed and the suit is barred by the law of limitation.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The plaintiff is entitled to realise an amount of Rs.2,00,000 with interest at the rate of 6 % per annum from the date of suit till realisation with costs.
Case Type
Civil Suit
Final Judgment
No
The court found in favor of the plaintiff, granting the recovery of Rs. 2,00,000 with interest. The claim was supported by the evidence provided.
Why Plaintiff Won:
The Plaintiff provided sufficient evidence of the loan arrangement and the lack of repayment despite legal notice.
The Plaintiff provided sufficient evidence of the loan arrangement and the lack of repayment despite legal notice.
Losing Side's Weaknesses:
The Plaintiff provided sufficient evidence of the loan arrangement and the lack of repayment despite legal notice.
The Plaintiff provided sufficient evidence of the loan arrangement and the lack of repayment despite legal notice.
Supporting Evidence
From the above made discussion, it can safely be concluded that the money to the tune of Rs.2,00,000/-, which was borrowed by the Defendant from the Plaintiff, was not repaid, despite due demand.
Judgment Evidence:
In the result, the suit is decreed as follows: The plaintiff is entitled to realise an amount of Rs.2,00,000/- (Rupees Two Lakhs Only) with interest at the rate of 6 % per annum from the date of suit till realisation with costs, from the defendant and his assets.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- John Fernandez
- Party Age
- 58
- Relation
- S/o
- Party Role
- Plaintiff
- Party Name
- Sicily
- Party Age
- 62
- Relation
- W/o
- Party Role
- Plaintiff
- Party Name
- Sanoj.J
- Party Age
- 38
- Relation
- S/o
- Party Role
- Plaintiff
- Party Name
- Lucy.J
- Party Age
- 35
- Relation
- D/o
- Party Role
- Plaintiff
- Party Name
- Sanil Sebastian
- Party Age
- 33
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Navas
- Party Age
- 45
- Relation
- S/o
Plaintiffs Documents
Original Agreement dated 20/09/2013, Copy of legal Notice dated 19/06/2017, Returned Postal Cover.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Adv. Mohana Babu. R
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Adv. Nazeer. S. Kakkantayam
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
The plaintiff's claim to recover the borrowed amount of Rs. 2,00,000/- with interest.
Evidence:
In the result, the suit is decreed as follows: The plaintiff is entitled to realise an amount of Rs.2,00,000/- (Rupees Two Lakhs Only) with interest at the rate of 6 % per annum from the date of suit till realisation with costs, from the defendant and his assets.
Documents & Evidence
Document Type:
Contract
Submitted By:
Plaintiff
Relevance:
Document executed by the defendant for borrowing Rs. 2,00,000/- for business purposes.
Reference:
Ext.A1
Document Type:
Legal Notice
Submitted By:
Plaintiff
Relevance:
Office copy of the notice sent to the defendant demanding repayment.
Reference:
Ext.A2
Document Type:
Returned Postal envelope
Submitted By:
Plaintiff
Relevance:
Evidence of the defendant's refusal to accept the Advocate notice.
Reference:
Ext.A3
Case Classification
Case Type
Civil Suit
Category
Money and Loan Recovery
District
Kollam
State
Kerala
Court Establishment
Munsiff Court Kollam
Common Reasons
Recovery of money
Case Code
Case between John Fernandez et al vs Navas regarding realisation of money.
Case Code Year
Case between John Fernandez et al vs Navas regarding realisation of money.