Case Summary
Muhammad Shafi claims that Yasar borrowed Rs. 2,00,000 and has not repaid it despite promises. The case revolves around the validity of the loan and the obligation to repay it.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Plaintiff is entitled to realize an amount of Rs 2,06,733 from the defendant with 12% interest per annum from the date of suit till date of realization.
Case Type
Civil Suit
Final Judgment
No
The court found in favor of the plaintiff, ordering the defendant to pay Rs. 2,06,733 with interest. The suit was decreed with costs.
Why Plaintiff Won:
The plaintiff proved that there was a transaction with the defendant concerning the loan.
The plaintiff proved that there was a transaction with the defendant concerning the loan.
Losing Side's Weaknesses:
The plaintiff proved that there was a transaction with the defendant concerning the loan.
The plaintiff proved that there was a transaction with the defendant concerning the loan.
Supporting Evidence
This court finds that the case of the plaintiff is more probable compared to the case set up by the defendant.
Judgment Evidence:
In the result, the suit is decreed with costs as follows: 1) The plaintiff is entitled to realize an amount of Rs 2,06,733/- from the defendant with 12% interest per annum from the date of suit till date of realization.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- MUHAMMAD SHAFI
- Party Age
- 48
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- YASAR
- Relation
- S/o
Plaintiffs Documents
Copy of Lawyer Notice sent by Adv. P. P. Hashick to Yasar, Postal Receipt, Reply Notice sent by Adv. K. P. P. Aboobacker to Adv. P. P. Hashick
Defendants Documents
Copy of Reply Notice sent by Adv. K. P. P. Aboobacker to Adv. P. P. Hashick, Postal Receipt, Postal Acknowledgment Card, True copy of Assignment Deed No. 716/2023, Photocopy of Rent Agreement entered in between Yasar. C. as 1st Party and Siddique. E. K as 2nd Party, True copy of Agreement entered in between Abdul Razak as 1st Party and Shahir. M. K as 2nd Party, True copy of Power of Attorney executed by Siddhique. E. K in favour of Shaheer. M. K.
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. P. P. Hashick
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Sri. Shanid. P
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- Sri. V. G. Niran
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff seeks to recover the amount of Rs.2,06,733/- from the defendant with interest.
Evidence:
The plaintiff is entitled to realize an amount of Rs 2,06,733/- from the defendant with 12% interest per annum from the date of suit till date of realization.
Relief Type:
Costs
Outcome:
Granted
Description:
Plaintiff entitled to recover costs of the suit.
Evidence:
The plaintiff is entitled to get the costs of the suit.
Documents & Evidence
Document Type:
Lawyer Notice
Submitted By:
Plaintiff
Relevance:
The plaintiff issued a lawyer notice to the defendant intimating him to pay the amount.
Reference:
Ext.A1
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
Documentation supporting the lawyer notice sent by the plaintiff.
Reference:
Ext.A2
Document Type:
Reply Notice
Submitted By:
Plaintiff
Relevance:
Response from the defendant to the plaintiff's lawyer notice.
Reference:
Ext.A3
Document Type:
Reply Notice
Submitted By:
Defendant
Relevance:
Defendant's reply notice sent to the plaintiff's counsel.
Reference:
Ext.B1
Document Type:
Postal receipt
Submitted By:
Defendant
Relevance:
Documentation supporting the reply notice sent by the defendant.
Reference:
Ext.B2
Document Type:
Postal Acknowledgment Card
Submitted By:
Defendant
Relevance:
Acknowledgment of the postal communication related to the case.
Reference:
Ext.B3
Document Type:
Assignment Deed
Submitted By:
Defendant
Relevance:
Document pertaining to a lease agreement relevant to the defendant's claims.
Reference:
Ext.B4
Document Type:
Rent Agreement
Submitted By:
Defendant
Relevance:
The lease agreement involved in the dispute between the defendant and Siddique.
Reference:
Ext.B5
Document Type:
Agreement
Submitted By:
Defendant
Relevance:
Document regarding another agreement which is connected to the defendant's case.
Reference:
Ext.B6
Document Type:
Power of Attorney
Submitted By:
Defendant
Relevance:
Document related to the authorization of the witness for the defendant.
Reference:
Ext.B7
Case Classification
Case Type
Civil Suit
Category
Money and Loan Recovery
District
Kozhikode
State
Kerala
Court Establishment
Munsiff Court, Nadapuram
Common Reasons
Non-payment of rent
Case Code
Case between MUHAMMAD SHAFI vs YASAR regarding realization of money
Case Code Year
Case between MUHAMMAD SHAFI vs YASAR regarding realization of money
Case Flags
Cheque-Related Case
Nature of Cheque Case
Cheque issued towards legally enforceable debt