Case Summary
Plaintiff Muhammed Rafi filed a suit against the defendant Sajitha seeking to recover Rs. 98,965 along with interest, which was borrowed for the treatment of defendant's brother.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Realization of Rs. 98,965 with 6% interest per annum
Case Type
Civil Suit - Money Recovery
Final Judgment
No
The court decreed the suit in favor of the plaintiff, allowing him to recover Rs. 98,965 with interest from the defendant.
Why Plaintiff Won:
The plaintiff provided oral evidence and presented documents supporting the loan transaction, repayment agreement, lawyer notice, and defendant's failure to repay.
The plaintiff provided oral evidence and presented documents supporting the loan transaction, repayment agreement, lawyer notice, and defendant's failure to repay.
Losing Side's Weaknesses:
Not available
Not available
Supporting Evidence
I find no reason to disbelieve PW.1. The plaintiff has proved his case by the oral evidence and documents produced in this case. So, the plaintiff is entitled for a decree as prayed for.
Judgment Evidence:
In the result, the suit is decreed as follows: 1. Plaintiff is allowed to realize an amount of Rs. 98,965/- (Rupees Ninety Eight Thousand Nine Hundred and Sixty Five only) with interest at the rate of 6% per annum from the date of suit till realization from the defendant and her assets. 2. Plaintiff is entitled to realize costs of the suit from the defendant.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Muhammed Rafi @ Manu
- Party Age
- 30
- Relation
- S/o. Hamza
- Party Role
- Defendant
- Party Name
- Sajitha
- Relation
- W/o. Ismail
Plaintiffs Documents
17-05-2013 Agreement, 13-01-2014 Copy of Lawyer Notice, 16-01-2014 Postal Acknowledgment Card
Defendants Documents
Not available
Advocates
Reliefs
Relief Type:
Money Recovery
Outcome:
Granted
Description:
Plaintiff allowed to realize Rs. 98,965 with 6% interest
Evidence:
In the result, the suit is decreed as follows: 1. Plaintiff is allowed to realize an amount of Rs. 98,965/- (Rupees Ninety Eight Thousand Nine Hundred and Sixty Five only) with interest at the rate of 6% per annum from the date of suit till realization from the defendant and her assets. 2. Plaintiff is entitled to realize costs of the suit from the defendant.
Documents & Evidence
Document Type:
Agreement
Submitted By:
Plaintiff
Relevance:
Document evidencing the loan agreement and repayment terms.
Reference:
Ext.A1
Document Type:
Lawyer Notice
Submitted By:
Plaintiff
Relevance:
Issued to the defendant for repayment of loan.
Reference:
Ext.A2
Document Type:
Postal Acknowledgment Card
Submitted By:
Plaintiff
Relevance:
Proof of defendant's receipt of the lawyer notice.
Reference:
Ext.A3
Case Classification
Case Type
Civil Suit - Money Recovery
Category
Money and Loan Recovery
District
Malappuram
State
Kerala
Court Establishment
Munsiff Court, Tirur / Rent Control Court
Common Reasons
Loan agreement
Case Code
Case between Muhammed Rafi @ Manu vs Sajitha regarding money realization
Case Code Year
Case between Muhammed Rafi @ Manu vs Sajitha regarding money realization