Case Summary
Manohar.K.Mammen, the plaintiff, claims that he lent money to Karthiyayani Kunjamma, the defendant, and seeks repayment. The defendant contends that the plaintiff borrowed money from her and defaulted on rent payments.
Judgment Outcome
Judgment Favored
Defendant
Relief Granted
Counter claim plaintiff is entitled to recover an amount of Rs.28,000 with interest.
Case Type
Civil Suit
Final Judgment
No
The suit is dismissed, and the counter claim by the defendant to recover Rs.28,000 is allowed with interest.
Key Reasoning:
The plaintiff failed to prove the execution of the promissory note and the transactions in connection with the issuance of cheque.
The plaintiff failed to prove the execution of the promissory note and the transactions in connection with the issuance of cheque.
Why Defendant Won:
The plaintiff failed to prove the execution of the promissory note and the transactions in connection with the issuance of cheque.
The plaintiff failed to prove the execution of the promissory note and the transactions in connection with the issuance of cheque.
Supporting Evidence
Hence it can be concluded that the plaintiff who is the master of the suit failed to prove the execution of Ext.A1 promissory note and the transactions in connection with the issuance of cheque between them.
Judgment Evidence:
In the result, the suit is dismissed and counter claim is allowed as follows. A) The counter claim plaintiff is entitled to recover an amount of Rs.28,000 together with interest at the rate of 9% per annum from the date of suit till the date of decree.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Manohar.K.Mammen
- Party Age
- 60
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Karthiyayani Kunjamma
- Party Age
- 65
Plaintiffs Documents
Promissory note dated 10.07.2019, Office copy of lawyer notice dated 27.08.2020, Postal receipt dated 27.08.2020, Rent agreement dated 31.05.2013
Defendants Documents
Summons for appearance of the defendant dated 29.09.2020, Certificate issued by Edappally Vadakkum bhagom service Co-operative Bank Ltd No. 1431, Original Bank Pass Book issued by Syndicate Bank, True copy of the complaint filed by the defendant before C.I of Police, Elamakkara Police Station, Certified copy of decree and compromise in O.S 371/2017, Identity card issued by Edappally Service Co-operative Bank Ltd. No. 328
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Kishor.B
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- M.N Manmadan
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Refused
Description:
Plaintiff sought to recover Rs. 5,30,000 with interest.
Evidence:
Hence it can be concluded that the plaintiff who is the master of the suit failed to prove the execution of Ext.A1 promissory note and the transactions in connection with the issuance of cheque between them. Hence plaintiff is not entitled to get the decree as prayed for.
Relief Type:
Recovery
Outcome:
Granted
Description:
Defendant's counter claim for Rs. 28,000 for arrears of rent was allowed.
Evidence:
Hence DW1 is entitled to realise an amount of Rs.28,000 (Rupees Twenty Eight thousand only) from PW1 and his assets.
Documents & Evidence
Document Type:
Promissory Note
Submitted By:
Plaintiff
Relevance:
This document was allegedly executed by the defendant agreeing to repay the amount with interest.
Reference:
Ext.A1
Document Type:
Office copy of lawyer notice
Submitted By:
Plaintiff
Relevance:
This notice was sent to the defendant demanding repayment of the amount.
Reference:
Ext.A2
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
This receipt is proof of the notice sent to the defendant.
Reference:
Ext.A3
Document Type:
Rent Agreement
Submitted By:
Plaintiff
Relevance:
This document is related to the tenancy between the plaintiff and the defendant.
Reference:
Ext.A4
Document Type:
Summons for appearance of the defendant
Submitted By:
Defendant
Relevance:
Related to the proceedings against the defendant.
Reference:
Ext.B1
Document Type:
Certificate issued by Edappally Vadakkum bhagom service Co-operative Bank Ltd
Submitted By:
Defendant
Relevance:
This document is related to the financial dealings of the defendant.
Reference:
Ext.B2
Document Type:
Original Bank pass book
Submitted By:
Defendant
Relevance:
This document helps establish the financial transactions of the defendant.
Reference:
Ext.B3
Document Type:
True copy of the complaint filed by the defendant
Submitted By:
Defendant
Relevance:
This document relates to a complaint filed by the defendant.
Reference:
Ext.B4
Document Type:
Certified copy of decree and compromise in O.S 371/2017
Submitted By:
Defendant
Relevance:
Relates to a previous case involving the defendant.
Reference:
Ext.B5
Document Type:
Identity card issued by Edappally Service Co-operative Bank Ltd
Submitted By:
Defendant
Relevance:
This document is an identity proof for the defendant.
Reference:
Ext.B6
Case Classification
Case Type
Civil Suit
Category
Money and Loan Recovery
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Common Reasons
Recovery of money
Case Code
Case between Manohar.K.Mammen vs Karthiyayani Kunjamma regarding realisation of money
Case Code Year
Case between Manohar.K.Mammen vs Karthiyayani Kunjamma regarding realisation of money
Case Flags
Cheque-Related Case
Nature of Cheque Case
Cheque issued towards legally enforceable debt