Case Summary
The plaintiff, Linu.S. Murali, filed a suit against the defendants Kamaludeen and Rahila Beegum for non-repayment of an advance amount and recovery of goods. The suit claims entitlement to an amount of Rs.54,125/- due to non-repayment of rent and advance.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Plaintiff is entitled to realize an amount of Rs.54,125/- with interest.
Case Type
Civil Suit
Final Judgment
No
The plaintiff is entitled to realize an amount of Rs.54,125/- with interest due to the defendants' failure to repay the advance amount.
Why Plaintiff Won:
The plaintiff presented a probable and believable case, while the defendants' evidence was insufficient and unreliable.
The plaintiff presented a probable and believable case, while the defendants' evidence was insufficient and unreliable.
Losing Side's Weaknesses:
The plaintiff presented a probable and believable case, while the defendants' evidence was insufficient and unreliable.
The plaintiff presented a probable and believable case, while the defendants' evidence was insufficient and unreliable.
Supporting Evidence
The evidence produced by the defendants is insufficient and unreliable to prove repayment. On the other hand, the plaintiff has presented a probable and believable case.
Judgment Evidence:
In the result, the suit is decreed as follows: Plaintiff is entitled to realize an amount of Rs.54,125/- (Rupees Fifty Four Thousand One Hundred and Twenty Five only) with interest at the rate of 12% per annum from the date of suit till the date of decree and at the rate of 6% per annum from the date of decree till the realization, from the defendants and their assets, with costs.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Linu.S. Murali
- Party Age
- 25
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Kamaludeen
- Party Age
- 50
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Rahila Beegum
- Party Age
- 45
- Relation
- W/o
Plaintiffs Documents
Photocopy of Rent Agreement, Office copy of Advocate Notice, Postal Receipts, Acknowledgment Card, Returned Registered letter
Defendants Documents
Rent Agreement
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Kavanad R.Jayakumar
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- K.S. Rajiv Thevally
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff sought recovery of Rs.54,125/- with interest.
Evidence:
Therefore, the plaintiff is entitled to a decree in his favour.
Relief Type:
Costs
Outcome:
Granted
Description:
Plaintiff entitled to costs of the suit.
Evidence:
Hence, there is no reason to deviate from the rule 'costs shall follow the event'.
Documents & Evidence
Document Type:
Rent Agreement
Submitted By:
Plaintiff
Relevance:
Photocopy of the rent deed executed on 28/05/2018.
Reference:
Ext.A1
Document Type:
Advocate Notice
Submitted By:
Plaintiff
Relevance:
Office copy of advocate notice dated 15/12/2018 demanding the deposit amount.
Reference:
Ext.A2
Document Type:
Postal Receipts
Submitted By:
Plaintiff
Relevance:
Postal receipts for mailing the advocate notice.
Reference:
Ext.A3
Document Type:
Acknowledgment card
Submitted By:
Plaintiff
Relevance:
Acknowledgment card confirming receipt of the advocate notice.
Reference:
Ext.A4
Document Type:
Registered Letter
Submitted By:
Plaintiff
Relevance:
Returned registered letter from the 1st defendant.
Reference:
Ext.A5
Document Type:
Rent Agreement
Submitted By:
Defendant
Relevance:
Original rent agreement produced by the defendants.
Reference:
Ext.B1
Document Type:
Oral Evidence
Submitted By:
Unknown
Relevance:
Testimony from witnesses examined during the case.
Reference:
Case Classification
Case Type
Civil Suit
Category
Money and Loan Recovery
District
Kollam
State
Kerala
Court Establishment
Munsiff Court Kollam
Common Reasons
Non-payment of rent
Case Code
Case between Linu.S. Murali vs Kamaludeen et al regarding Realisation of Money
Case Code Year
Case between Linu.S. Murali vs Kamaludeen et al regarding Realisation of Money