Case Summary
The case involves Nandadevan and Jyothikumar, where Nandadevan is seeking the recovery of a loan of Rs. 1,50,000 borrowed by Jyothikumar, who defaulted on repayment despite a formal agreement. The plaintiff filed a suit after multiple demands went unanswered.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The plaintiff is entitled to realize an amount of Rs. 1,59,397 with interest at the rate of 6% per annum from the date of suit till realization.
Case Type
Civil Suit
Final Judgment
No
The suit is decreed in favor of the plaintiff, allowing recovery of the loan amount with interest and costs.
Why Plaintiff Won:
The plaintiff succeeded in proving his case by providing sufficient evidence.
The plaintiff succeeded in proving his case by providing sufficient evidence.
Losing Side's Weaknesses:
The plaintiff succeeded in proving his case by providing sufficient evidence.
The plaintiff succeeded in proving his case by providing sufficient evidence.
Supporting Evidence
the plaintiff has succeeded in proving his case. Moreover, there is no evidence to rebut the evidence adduced on the side of the plaintiff.
Judgment Evidence:
In the result, the suit is decreed as follows: The plaintiff is entitled to realise an amount of Rs.1,59,397/- (Rupees One Lakh Fifty Nine Thousand Three Hundred and Ninety Seven Only) with interest at the rate of 6% per annum from the date of suit till the realization from the defendant and his asset with costs.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Nandadevan
- Party Age
- 78
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Jyothikumar
- Party Age
- 58
- Relation
- S/o
Plaintiffs Documents
Loan Receipt dated 04/02/2021, Office copy of lawyer’s notice dated 26/04/2023, Office copy of lawyer’s notice dated 16/05/2023, Returned postal envelope, Postal receipt dated 26/04/2023
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Shenaji.S
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- S. Suresh Kumar
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Anseena A
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- Meenu Ravikumar
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff entitled to realize Rs. 1,59,397/- with interest.
Evidence:
Hence, the plaintiff is entitled to the relief as prayed for.
Documents & Evidence
Document Type:
Loan Receipt
Submitted By:
Plaintiff
Relevance:
Documenting the terms of the loan borrowed by the defendant.
Reference:
Ext.A1
Document Type:
Lawyer's Notice
Submitted By:
Plaintiff
Relevance:
Notifying the defendant of the loan default.
Reference:
Ext.A2
Document Type:
Lawyer's Notice
Submitted By:
Plaintiff
Relevance:
Subsequent notice sent to the defendant regarding the loan.
Reference:
Ext.A3
Document Type:
Returned Postal envelope
Submitted By:
Plaintiff
Relevance:
Evidence of the notice sent to the defendant.
Reference:
Ext.A4
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
Proof of sending the lawyer's notice to the defendant.
Reference:
Ext.A5
Case Classification
Case Type
Civil Suit
Category
Money and Loan Recovery
District
Kollam
State
Kerala
Court Establishment
Munsiff Court Kollam
Common Reasons
Recovery of money
Case Code
Case between Nandadevan vs Jyothikumar regarding realization of money
Case Code Year
Case between Nandadevan vs Jyothikumar regarding realization of money