Case Summary
M J Alexander @ Alex is suing Tharies for the recovery of a loan amount of Rs.1,00,000/- along with interest. The defendant did not repay the amount despite repeated demands.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Defendant shall pay Rs.1,24,427/- along with interest @12% per annum from the date of suit till the date of decree and @6% from the date of decree till the date of payment.
Case Type
Civil Suit
Final Judgment
No
Why Plaintiff Won:
Plaintiff established a case regarding the loan and repayment terms.
Plaintiff established a case regarding the loan and repayment terms.
Judgment Evidence:
In the result, suit is decreed as follows: Defendant shall pay Rs.1,24,427/- along with interest @12% per annum from the date of suit till the date of decree.
Parties Involved
Plaintiffs
M J Alexander @ Alex (68 years years)
Muriyath House, Edappally Kara, Edappilly Thekkumbhagam Village, Kanayannoor Taluk, Ernakulam District
Defendants
Tharies (46 years years)
Madhuraveli House, Kayapuram Kara, Thaneermukkam Village, Cherthala Taluk, Alapuzha District
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff is entitled to recover Rs.1,24,427/- along with interest.
Evidence:
plaintiff has established a case and plaintiff is entitled to realize an amount of Rs.1,24,427/- with interest from defendant.
Relief Type:
Recovery
Outcome:
Granted
Description:
Defendant shall pay interest at the rate of 12% per annum from the date of suit till the date of decree.
Evidence:
Defendant is directed to pay interest at the rate of 12% per annum from the date of suit till the date of decree.
Relief Type:
Recovery
Outcome:
Granted
Description:
Defendant shall be personally liable for the decree debt.
Evidence:
Defendant shall be personally and his assets shall also be liable to satisfy the decree debt.
Relief Type:
Other
Outcome:
Granted
Description:
Plaintiff is entitled to realize the costs of the suit.
Evidence:
Plaintiff is also entitled to realize the costs of the suit.
Documents & Evidence
Document Type:
Promissory Note
Submitted By:
Plaintiff
Relevance:
This document establishes the loan agreement between the plaintiff and the defendant for Rs.1,00,000/- with interest.
Reference:
Ext.A1
Document Type:
Lawyer Notice
Submitted By:
Plaintiff
Relevance:
The notice was sent to the defendant demanding repayment of the loan amount, which was not complied with.
Reference:
Ext.A2
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
Serves as evidence of the sending of the lawyer notice to the defendant.
Reference:
Ext.A3
Document Type:
Acknowledgment card
Submitted By:
Plaintiff
Relevance:
Confirms that the defendant received the lawyer notice.
Reference:
Ext.A4