Case Summary
Kerala Gramin Bank filed a suit against Santhakumari and others seeking repayment of a loan amount of Rs. 1,36,420 along with interest at 12% per annum due to default in loan repayment.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Repayment of loan amount with interest and right to sell mortgaged property
Case Type
Civil Suit - Money Recovery
Final Judgment
No
The court decreed in favor of the plaintiff, directing defendants to repay the loan amount with interest along with the right for the bank to sell mortgaged property for recovery.
Why Plaintiff Won:
The defendants failed to repay the loan amount as per the agreed terms and the plaintiff provided evidence of the loan agreement, default, and outstanding amount.
The defendants failed to repay the loan amount as per the agreed terms and the plaintiff provided evidence of the loan agreement, default, and outstanding amount.
Losing Side's Weaknesses:
The defendants failed to repay the loan amount as per the agreed terms and the plaintiff provided evidence of the loan agreement, default, and outstanding amount.
The defendants failed to repay the loan amount as per the agreed terms and the plaintiff provided evidence of the loan agreement, default, and outstanding amount.
Supporting Evidence
The documents on record proved by the relevant witness of the plaintiff would show the existence of loan transaction...
Judgment Evidence:
The defendants are hereby directed to jointly and severally pay to the plaintiff/bank an amount of Rs. 1,36,420/- with interest...
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Kerala Gramin Bank
- Relation
- Represented by
- Party Role
- Defendant
- Party Name
- Santhakumari
- Party Age
- 59
- Relation
- Wife of Gopalan
- Party Role
- Defendant
- Party Name
- Vijayakumar.V.G.
- Party Age
- 36
- Relation
- Son of Gopalan
- Party Role
- Defendant
- Party Name
- Vinodkumar.V.G.
- Party Age
- 34
- Relation
- Son of Gopalan
- Party Role
- Defendant
- Party Name
- Prasadkumar.V.G.
- Party Age
- 33
- Relation
- Son of Gopalan
- Party Role
- Defendant
- Party Name
- Spinishkumar.V.G.
- Party Age
- 39
- Relation
- Son of Gopalan
- Party Role
- Defendant
- Party Name
- Smitheshkumar.V.G.
- Party Age
- 36
- Relation
- Son of Gopalan
Plaintiffs Documents
Memorandum of Agreement, Link letter, Acknowledgment of debt, Letter evidencing deposit of title deeds, True Copy of accounts of A/c No.KCC-468, Statement of Accounts
Defendants Documents
Not available
Advocates
Reliefs
Relief Type:
Money Recovery
Outcome:
Granted
Description:
Repayment of loan amount with interest and right to sell mortgaged property
Evidence:
The defendants are hereby directed to jointly and severally pay to the plaintiff/bank an amount of Rs. 1,36,420/- with interest at the rate of 12% per annum compounded at half yearly rests...
Documents & Evidence
Document Type:
Memorandum of Agreement
Submitted By:
Plaintiff
Relevance:
Evidence of agricultural loan agreement
Reference:
Ext.A1
Document Type:
Link letter
Submitted By:
Plaintiff
Relevance:
Signifies extension of equitable mortgage for the new loan
Reference:
Ext.A2
Document Type:
Acknowledgment of Debt
Submitted By:
Plaintiff
Relevance:
Acknowledgment of loan repayment default
Reference:
Ext.A3
Document Type:
Letter evidencing deposit of title deeds
Submitted By:
Plaintiff
Relevance:
Confirming deposit of title deeds for mortgage
Reference:
Ext.A4
Document Type:
True Copy of accounts of A/c No.KCC-468
Submitted By:
Plaintiff
Relevance:
Account statements showing debt amount
Reference:
Ext.A5
Document Type:
Statement of Accounts
Submitted By:
Plaintiff
Relevance:
Account statements demonstrating loan transactions
Reference:
Ext.A6
Case Classification
Case Type
Civil Suit - Money Recovery
Category
Money and Loan Recovery
District
Malappuram
State
Kerala
Court Establishment
Munsiff Court, Tirur / Rent Control Court
Common Reasons
Loan default
Case Code
Case between Kerala Gramin Bank vs Santhakumari et al regarding loan default
Case Code Year
Case between Kerala Gramin Bank vs Santhakumari et al regarding loan default