Case Summary
Muhammed, the plaintiff, filed a suit against Shamleekh for recovering Rs. 10,00,000/- which Shamleekh borrowed to extend his textile business and failed to repay. The court found the plaintiff's claims credible due to the absence of a written statement from the defendant.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Amount of Rs.10,00,000/- and the costs of the suit from the defendant
Case Type
Civil Suit
Final Judgment
No
Why Plaintiff Won:
The evidence presented by the plaintiff remained unchallenged as the defendant did not file a written statement or present any evidence.
The evidence presented by the plaintiff remained unchallenged as the defendant did not file a written statement or present any evidence.
Judgment Evidence:
In the result, the suit is decreed as follows: I Plaintiff is entitled to realise an amount of Rs.10,00,000/- (Rupees Ten lakh only) from the defendant and his assets. II. Plaintiff is also entitled to realise the costs of the suit from the defendant.
Parties Involved
Plaintiffs
Muhammed (55 years)
Mollancheri House, Valavannur amsom desom & Post, Kadungathukundu, Tirur Taluk
Defendants
Shamleekh (35 years)
Parambil Peedikayil House, Thrikkanapuram amsom, Kadakasseri desom, P.O.Ayankalam, Ponnani Taluk
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff is entitled to recover an amount of Rs.10,00,000/- from the defendant.
Evidence:
I find no reason to disbelieve PW1. Therefore, I am satisfied that the plaintiff has proved his case by adducing cogent and reliable evidence. Hence, the plaintiff is entitled to a decree as prayed for.
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff is entitled to recover the costs of the suit from the defendant.
Evidence:
Plaintiff is also entitled to realise the costs of the suit from the defendant.
Documents & Evidence
Document Type:
Agreement
Submitted By:
Plaintiff
Relevance:
Agreement executed regarding the loan given to the defendant.
Reference:
Ext.A1
Document Type:
Cheque
Submitted By:
Plaintiff
Relevance:
Cheque issued by the defendant for the loan amount as a security.
Reference:
Ext.A2
Document Type:
Return Memo
Submitted By:
Plaintiff
Relevance:
Memo indicating the cheque was returned unpaid due to insufficient funds.
Reference:
Ext.A3