Case Summary
The plaintiff, M/s. Sree Gokulam Chits & Finance Co (P) Ltd, filed a suit for the recovery of money due from the defendants who defaulted on their payments for subscribed chit funds. The defendants contended that they had cleared their dues and sought the return of title deeds.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The plaintiff is entitled to realise an amount of Rs.9,42,621/- with interest at the rate of 6 % per annum from the date of the suit till realisation.
Case Type
Civil Suit
Final Judgment
No
The court ruled in favor of the plaintiff, allowing the recovery of the due amount along with interest, while dismissing the counter claim by the defendants.
Why Plaintiff Won:
The plaintiff successfully demonstrated that the defendants defaulted on the payment despite repeated demands.
The plaintiff successfully demonstrated that the defendants defaulted on the payment despite repeated demands.
Losing Side's Weaknesses:
The plaintiff successfully demonstrated that the defendants defaulted on the payment despite repeated demands.
The plaintiff successfully demonstrated that the defendants defaulted on the payment despite repeated demands.
Supporting Evidence
The main contention of the defendants is that the suit is barred by law of limitation. The main contention of the plaintiff is that the suit is filed under O.32, R. 3 and 5 of CPC.
Judgment Evidence:
In the result, Suit is decreed as follows: The plaintiff is entitled to realise an amount of Rs.9,42,621/- (Rupees Nine Lakhs Forty Two Thousand Six Hundred and Twenty One Only) with interest at the rate of 6 % per annum from the date of suit till realisation with costs, from the defendants and their assets. Counter claim is dismissed.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- M/s. Sree Gokulam Chits & Finance Co (P) Ltd
- Relation
- represented by Its authorized representative P. Pramod
- Party Role
- Defendant
- Party Name
- Shahul Hameed
- Party Age
- 48
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Girish Kumar
- Party Age
- 42
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Sainaba
- Party Age
- 42
- Relation
- W/o
Plaintiffs Documents
Extract from the minutes of the proceedings, Demand Promissory Note, Original Sale Deed No.1884/2006, Tax receipt, Possession Certificate, Location Sketch.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- V.Hariprasad
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Benoy Bal
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff sought recovery of the amount due from the defendants.
Evidence:
The plaintiff is entitled to realise an amount of Rs.9,42,621/- with interest at the rate of 6% per annum from the date of suit till realisation with costs, from the defendants and their assets.
Relief Type:
Mandatory Injunction
Outcome:
Refused
Description:
Defendants sought a mandatory injunction to retrieve documents held by the plaintiff.
Evidence:
Counter claim is dismissed.
Documents & Evidence
Document Type:
Resolution
Submitted By:
Plaintiff
Relevance:
Extract from the minutes of the proceedings indicating the plaintiff's resolution to institute the suit.
Reference:
Ext.A1
Document Type:
Demand Promissory Note
Submitted By:
Plaintiff
Relevance:
Document showing the promissory note executed by the defendants for the loan.
Reference:
Ext.A2
Document Type:
Original Sale Deed
Submitted By:
Plaintiff
Relevance:
The original sale deed deposited by the defendants to create an equitable mortgage.
Reference:
Ext.A3
Document Type:
Tax receipt
Submitted By:
Plaintiff
Relevance:
Official receipt for tax payment related to the property.
Reference:
Ext.A4
Document Type:
Possession Certificate
Submitted By:
Plaintiff
Relevance:
Certificate proving the plaintiff's possession of the property.
Reference:
Ext.A5
Document Type:
Location Sketch
Submitted By:
Plaintiff
Relevance:
Sketch showing the location of the property involved in the dispute.
Reference:
Ext.A6
Document Type:
Account Register
Submitted By:
Plaintiff
Relevance:
Register indicating the financial transactions related to the chitty funds.
Reference:
Ext.A7
Document Type:
Encumbrance certificate
Submitted By:
Plaintiff
Relevance:
Certificate showing the encumbrances against the property.
Reference:
Ext.A8
Document Type:
Original Document
Submitted By:
Plaintiff
Relevance:
Another original document related to the properties involved.
Reference:
Ext.A9
Document Type:
Ledger Extract
Submitted By:
Plaintiff
Relevance:
Extract showing the ledger details related to the chit transactions.
Reference:
Ext.A10
Document Type:
Ledger Extract
Submitted By:
Plaintiff
Relevance:
Another ledger extract showing relevant transaction details.
Reference:
Ext.A11
Document Type:
Legal Notice
Submitted By:
Plaintiff
Relevance:
Office copy of the legal notice sent to the defendants.
Reference:
Ext.A12
Document Type:
Postal Receipts
Submitted By:
Plaintiff
Relevance:
Series of postal receipts acknowledging the legal notice.
Reference:
Ext.A13(Series)
Document Type:
Postal Acknowledgment Cards
Submitted By:
Plaintiff
Relevance:
Series of acknowledgment cards for the legal notice sent.
Reference:
Ext.A14(Series)
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Kollam
State
Kerala
Court Establishment
Munsiff Court Kollam
Common Reasons
Non-payment of rent
Case Code
Case between M/s. Sree Gokulam Chits & Finance Co (P) Ltd vs Shahul Hameed et al regarding realisation of money.
Case Code Year
Case between M/s. Sree Gokulam Chits & Finance Co (P) Ltd vs Shahul Hameed et al regarding realisation of money.