Case Summary
The case involves Kerala Gramin Bank seeking to recover a loan amount from the defendants, Sunitha R and Mohanan T, who have defaulted on payments. The bank alleges that despite repeated demands, the defendants failed to repay the loan amount with interest.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Plaintiff is entitled to realize an amount of Rs.1,30,758/- with interest at the rate of 8% per annum from the date of suit till the date of decree and subsequently 6% interest till realisation.
Case Type
Civil Suit
Final Judgment
No
The court decreed the suit in favor of the plaintiff, allowing the bank to recover the loan amount with interest from the defendants. Costs of the suit were also awarded to the plaintiff.
Why Plaintiff Won:
The plaintiff established its case through uncontroverted testimony and documentary evidence.
The plaintiff established its case through uncontroverted testimony and documentary evidence.
Losing Side's Weaknesses:
The plaintiff established its case through uncontroverted testimony and documentary evidence.
The plaintiff established its case through uncontroverted testimony and documentary evidence.
Supporting Evidence
The uncontroverted averments in the plaint and the facts sworn in the affidavit coupled with the accompanying documents go on to prove that the defendants have availed off a loan facility from the plaintiff bank and that an amount of Rs.1,30,758/- is due to the plaintiff as on the date of the suit.
Judgment Evidence:
In the result, the suit is decreed with costs as follows: 1. Plaintiff is entitled to realise an amount of Rs.1,30,758/- with interest at the rate of 8% per annum from the date of suit till the date of decree from the defendants jointly and severally.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Kerala Gramin Bank
- Party Role
- Defendant
- Party Name
- Sunitha R
- Party Age
- 57
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Mohanan.T
- Party Age
- 63
- Relation
- S/o
Plaintiffs Documents
Loan Application Form, Memorandum of agreement for Agricultural Loan, Certified Copy of Statement of Account, Acknowledgment of debt and security, Loan Sanction Letter, Possession Certificate, Copy of land tax receipt
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Adv.Smt.Gayathri R.Krishnan
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff is entitled to realize an amount of Rs.1,30,758/- with interest.
Evidence:
In the result, the suit is decreed with costs as follows: Plaintiff is entitled to realise an amount of Rs.1,30,758/- (Rupees One lakh thirty thousand seven hundred and fifty eight only) with interest at the rate of 8% per annum from the date of suit till the date of decree from the defendants jointly and severally.
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff is entitled to realize the costs of the suit from the defendants.
Evidence:
The Plaintiff is entitled to realize the costs of the suit from the defendants and their assets both movable and immovable.
Documents & Evidence
Document Type:
Loan Application Form
Submitted By:
Plaintiff
Relevance:
This document establishes the application for the loan that the defendants availed.
Reference:
Ext.A1
Document Type:
Memorandum of Agreement for Agricultural Loan
Submitted By:
Plaintiff
Relevance:
This document outlines the agreement terms for the loan.
Reference:
Ext.A2
Document Type:
Certified copy of statement of account
Submitted By:
Plaintiff
Relevance:
This document provides the statement reflecting the outstanding dues.
Reference:
Ext.A3
Document Type:
Acknowledgment of Debt and Security of Borrower/Co-obligant
Submitted By:
Plaintiff
Relevance:
This document confirms the acknowledgment of the debt by the defendants.
Reference:
Ext.A4
Document Type:
Loan Sanction Letter
Submitted By:
Plaintiff
Relevance:
This document indicates the sanction of the loan to the defendants.
Reference:
Ext.A5
Document Type:
Possession Certificate
Submitted By:
Plaintiff
Relevance:
This document certifies the possession related to the loan agreement.
Reference:
Ext.A6
Document Type:
Copy of Land Tax Receipt
Submitted By:
Plaintiff
Relevance:
This document serves as evidence for the land tax status relevant to the loan.
Reference:
Ext.A7
Case Classification
Case Type
Civil Suit
Category
Money and Loan Recovery
District
Thiruvananthapuram
State
Kerala
Court Establishment
Munsiff Court Thiruvananthapuram
Common Reasons
Non-payment of rent
Case Code
Case between Kerala Gramin Bank vs Sunitha R et al regarding realization of money
Case Code Year
Case between Kerala Gramin Bank vs Sunitha R et al regarding realization of money