ORIGINAL SUIT NO. 377 OF 2014

Case between Peringottukara Namboothiri yogakshema Sabha et al vs Cheracham Veettil Puthanpurayil Habeeb Rehman et al regarding realisation of money

Court

Court of the Munsiff of Tirur

Judge

SRI. BIJU V.G.

Order Date

2015-03-18

Duration

11 months and 4 days

Case Closed

Wed, 03/18/2015 - 12:00

Judgement document from eCourt website

Save Case Find Similar Cases

Case Summary

Plaintiffs filed a suit against defendants to recover chitty amounts with interest, as defendants defaulted on payment despite repeated demands and lawyer notices.

Judgment Outcome

Plaintiff Won

Interim Order

Plaintiffs are allowed to realize an amount of Rs.1,49,660/- with interest from the defendants and their assets, along with costs of the suit.

Judgment Favored

Plaintiff

Relief Granted

Realization of the total amount of Rs.1,49,660/- with interest

Case Type

Civil Suit - Money Recovery

Final Judgment

Plaintiffs are allowed to realize an amount of Rs.1,49,660/- with interest from the defendants and their assets, along with costs of the suit.

Why Plaintiff Won:
The plaintiffs proved their case by oral evidence and documents, demonstrating defaults by defendants and non-payment despite repeated demands.

Losing Side's Weaknesses:
The plaintiffs proved their case by oral evidence and documents, demonstrating defaults by defendants and non-payment despite repeated demands.

Supporting Evidence

Since the defendants opted to remain ex-parte, the evidence adduced by the plaintiffs remained unchallenged. I find no reason to disbelieve PW1. The plaintiffs have proved their case by the oral evidence of PW1 and the documents produced in this case. So, the plaintiffs are entitled for a decree as prayed for.

Judgment Evidence:

In the result, the suit is decreed as follows - Plaintiffs are allowed to realize an amount of Rs.1,49,660/- with interest at the rate of 18% per annum from the date of suit till today and thereafter at the rate of 6% per annum from realization from the defendants and their assets.

Parties Involved

Parties

Party Role: Plaintiff
Party Name: Peringottukara Namboothiri yogakshema Sabha
Relation: Represented by its Secretary

Party Role: Plaintiff
Party Name: Manager

Party Role: Defendant
Party Name: Cheracham Veettil Puthanpurayil Habeeb Rehman
Party Age: 36
Relation: S/o. Koyatty

Party Role: Defendant
Party Name: Sulaika
Party Age: 33
Relation: W/o. Cheracham Veettil Puthanpurayil Habeeb Rehman

Party Role: Defendant
Party Name: Nahas
Party Age: 27
Relation: S/o. Kadeeja

Party Role: Defendant
Party Name: Nazer
Party Age: 43
Relation: S/o. Bappu

Party Role: Defendant
Party Name: Sareena
Party Age: 38
Relation: W/o. Nazer

Plaintiffs Documents

Receipts, Agreement, Lawyer notices with postal receipts

Defendants Documents

Advocates

Reliefs

Relief Type: Money Recovery

Outcome: Granted

Description:

Realization of Rs.1,49,660/- with interest and costs

Evidence:

Plaintiffs proved their case with oral evidence and documents, demonstrating defaults by the defendants and non-payment despite repeated demands.

Documents & Evidence

Document Type: Receipt

Submitted By: Plaintiff

Relevance:

Receipt issued by defendants for chitty amount in chitty No.206 on 23.2.2012.

Reference:

Document Type: Receipt

Submitted By: Plaintiff

Relevance:

Receipt executed by defendants for receiving the amount in chitty No.208 on 23.2.2012.

Reference:

Document Type: Agreement

Submitted By: Plaintiff

Relevance:

Kuri agreement executed by the defendants on 23.2.2012.

Reference:

Document Type: Lawyer Notice

Submitted By: Plaintiff

Relevance: