Case Summary
Plaintiffs allege that defendant borrowed money and gold ornaments but failed to repay. Defendant denies the transactions and authenticity of documents.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Realisation of Rs.2,37,867 with interest from the defendant
Case Type
Civil Suit - Money Realisation
Final Judgment
No
The court decreed the suit in favor of the plaintiffs for the realisation of money and gold ornaments from the defendant.
Why Plaintiff Won:
Plaintiffs provided evidence including an agreement which the defendant could not refute, supporting their claim for realisation of money and gold ornaments.
Plaintiffs provided evidence including an agreement which the defendant could not refute, supporting their claim for realisation of money and gold ornaments.
Losing Side's Weaknesses:
Plaintiffs provided evidence including an agreement which the defendant could not refute, supporting their claim for realisation of money and gold ornaments.
Plaintiffs provided evidence including an agreement which the defendant could not refute, supporting their claim for realisation of money and gold ornaments.
Supporting Evidence
Judgment Evidence:
In the result, the suit is decreed as follows...
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- M. Binu Mohan
- Party Age
- 36
- Relation
- S/o Elizabath George, Represented by Power of Attorney Holder M. Anu, D/o Elizabath George
- Party Role
- Plaintiff
- Party Name
- M. Anu
- Party Age
- 32
- Relation
- D/o Elizabath George
- Party Role
- Defendant
- Party Name
- Musthafa
- Party Age
- 34
- Relation
- S/o Marakkar
Plaintiffs Documents
Agreement dated 13-05-2013 (Ext.A1), Copy of Jenm Assignment Deed No. 97/2000 (Ext.A2)
Defendants Documents
Advocates
Reliefs
Relief Type:
Realisation of money
Outcome:
Granted
Description:
Plaintiffs allowed to realise an amount of Rs.2,37,867 with interest from the defendant and his assets.
Evidence:
In the result, the suit is decreed as follows...
Relief Type:
Costs
Outcome:
Granted
Description:
Plaintiffs entitled to realise the costs of the suit from the defendant.
Evidence:
Issue No.5: Normal rule is that the cost follows the event. In this case, I find no reason to deviate from the normal rule...
Documents & Evidence
Document Type:
Agreement
Submitted By:
Plaintiff
Relevance:
Primary evidence of the agreement between plaintiffs and defendant.
Reference:
Ext.A1
Document Type:
Copy of Jenm Assignment Deed
Submitted By:
Plaintiff
Relevance:
Secondary document supporting the plaintiffs' case.
Reference:
Ext.A2
Case Classification
Case Type
Civil Suit - Money Realisation
Category
Money and Loan Recovery
District
Malappuram
State
Kerala
Court Establishment
Munsiff Court, Tirur / Rent Control Court
Common Reasons
Case Code
Case between M. Binu Mohan et al vs Musthafa regarding money realisation
Case Code Year
Case between M. Binu Mohan et al vs Musthafa regarding money realisation