Case Summary
Kerala Gramin Bank filed a suit against legal heirs of a deceased borrower for recovery of an outstanding loan amount of Rs. 1,13,446 along with interest at 12% per annum.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Recovery of Loan Amount with Interest and Costs
Case Type
Civil Suit - Recovery of Money
Final Judgment
No
The court decreed the suit in favor of the plaintiff allowing recovery of the outstanding loan amount along with interest and costs from the defendants.
Why Plaintiff Won:
The plaintiff proved the case through oral evidence and documents, remaining unchallenged, establishing the defendants' failure to repay the loan amount.
The plaintiff proved the case through oral evidence and documents, remaining unchallenged, establishing the defendants' failure to repay the loan amount.
Losing Side's Weaknesses:
The plaintiff proved the case through oral evidence and documents, remaining unchallenged, establishing the defendants' failure to repay the loan amount.
The plaintiff proved the case through oral evidence and documents, remaining unchallenged, establishing the defendants' failure to repay the loan amount.
Supporting Evidence
The evidence adduced by the plaintiff remained unchallenged. I find no reason to disbelieve PW.1. The plaintiff has proved its case by the oral evidence of PW1 and documents produced in this case.
Judgment Evidence:
The plaintiff has proved its case by the oral evidence of PW1 and documents produced in this case. So, the plaintiff is entitled for a decree as prayed for.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Kerala Gramin Bank
- Party Role
- Defendant
- Party Name
- Ayisha
- Party Age
- 50
- Relation
- D/o Late Kunhimohammed
- Party Role
- Defendant
- Party Name
- Ali
- Party Age
- 47
- Relation
- S/o Late Kunhimohammed
- Party Role
- Defendant
- Party Name
- Shajudheen
- Party Age
- 38
- Relation
- S/o Late Kunhimohammed
- Party Role
- Defendant
- Party Name
- Pathumma
- Party Age
- 35
- Relation
- D/o Late Kunhimohammed
Plaintiffs Documents
Loan Application, Memorandum of Agreement for Agricultural loans, True copy of statement of accounts.
Defendants Documents
Not available
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. C.M. Venugopalan
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- K.Sreekala
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Recovery of Loan Amount
Outcome:
Granted
Description:
Plaintiff allowed to realize an amount of Rs. 1,13,446/- with interest at the rate of 12% per annum
Evidence:
The plaintiff has proved its case by the oral evidence of PW1 and documents produced in this case. So, the plaintiff is entitled for a decree as prayed for.
Relief Type:
Costs
Outcome:
Granted
Description:
Plaintiff is entitled to realize the costs of the suit from the defendants.
Evidence:
Not available
Documents & Evidence
Document Type:
Loan Application
Submitted By:
Plaintiff
Relevance:
Loan application submitted by Kunhimohammed.
Reference:
Prosuant dated 06-12-2011
Document Type:
Memorandum of Agreement
Submitted By:
Plaintiff
Relevance:
Memorandum of Agreement for Agricultural loans executed by Kunhimohammed.
Reference:
A2 dated 06-12-2011
Document Type:
Statement of Accounts
Submitted By:
Plaintiff
Relevance:
True copy of statement of accounts showing the details of suit transaction.
Reference:
A3 dated 26-09-2014
Case Classification
Case Type
Civil Suit - Recovery of Money
Category
Money and Loan Recovery
District
Malappuram
State
Kerala
Court Establishment
Munsiff Court, Tirur / Rent Control Court
Common Reasons
Non-payment of loan amount
Case Code
Case between Kerala Gramin Bank vs Ayisha et al regarding loan recovery
Case Code Year
Case between Kerala Gramin Bank vs Ayisha et al regarding loan recovery