Case Summary
The plaintiff, Raju. M, filed a suit against the defendant, B.Prabhakaran Pillai, for the realization of Rs.3,50,000 that was borrowed and secured by a promissory note. The defendant failed to repay the borrowed amount despite multiple demands.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
An amount of Rs.4,27,000 together with interest at the rate of 6% per annum from the date of suit till the date of realization.
Case Type
Civil Suit
Final Judgment
No
The court decreed the suit in favor of the plaintiff, ordering the defendant to pay Rs.4,27,000 with interest and costs.
Why Plaintiff Won:
The plaintiff provided sufficient evidence supporting the existence of the promissory note and the loan transaction.
The plaintiff provided sufficient evidence supporting the existence of the promissory note and the loan transaction.
Losing Side's Weaknesses:
The plaintiff provided sufficient evidence supporting the existence of the promissory note and the loan transaction.
The plaintiff provided sufficient evidence supporting the existence of the promissory note and the loan transaction.
Supporting Evidence
The case of the plaintiff is that the plaintiff and defendant, who have known each other for about 20 years, were neighbours. The defendant, facing financial difficulties due to his daughter’s marriage and business, borrowed 3,50,000 from the plaintiff on 05/11/2016, executing a promissory note agreeing to repay it with 12% interest.
Judgment Evidence:
In the result, the suit is decreed as follows: The plaintiff is entitled to realise an amount of Rs.4,27,000/- (Rupees Four Lakh Twenty Seven Thousand Only) together with interest at the rate of 6% per annum from the date of suit till the date of realization from the defendant and his assets, with costs.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Raju. M
- Party Age
- 47
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- B.Prabhakaran Pillai
- Party Age
- 58
- Relation
- S/o
Plaintiffs Documents
Promissory Note dated 05.11.2016, Legal Notice dated 20.08.2018, Postal Receipt dated 20.08.2018, Postal Acknowledgment Card, Reply Notice dated 31.08.2018
Defendants Documents
Marriage Invitation Letter, Book of receipt of money
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Niza Fazil
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- R.R.Sajeesh
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
The plaintiff is entitled to recover the loan amount along with interest and costs.
Evidence:
In the result, the suit is decreed as follows: The plaintiff is entitled to realise an amount of Rs.4,27,000/- (Rupees Four Lakh Twenty Seven Thousand Only) together with interest at the rate of 6% per annum from the date of suit till the date of realization from the defendant and his assets, with costs.
Documents & Evidence
Document Type:
Promissory Note
Submitted By:
Plaintiff
Relevance:
The document evidences the loan agreement and the borrower's promise to repay the amount with interest.
Reference:
Ext.A1
Document Type:
Legal Notice
Submitted By:
Plaintiff
Relevance:
The notice was sent to the defendant demanding repayment of the borrowed amount.
Reference:
Ext.A2
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
Proof of sending the legal notice to the defendant.
Reference:
Ext.A3
Document Type:
Postal Acknowledgment Card
Submitted By:
Plaintiff
Relevance:
Acknowledgment of receipt of the legal notice by the defendant.
Reference:
Ext.A4
Document Type:
Reply Notice
Submitted By:
Plaintiff
Relevance:
The defendant's response to the legal notice.
Reference:
Ext.A5
Document Type:
Marriage invitation letter
Submitted By:
Defendant
Relevance:
Used by the defendant to support his argument in the case.
Reference:
Ext.B1
Document Type:
Book of receipt of money
Submitted By:
Defendant
Relevance:
An attempt by the defendant to establish a different narrative about financial transactions.
Reference:
Ext.B2
Document Type:
Account Statement
Submitted By:
Unknown
Relevance:
Provided financial details relevant to the case.
Reference:
X1
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Kollam
State
Kerala
Court Establishment
Munsiff Court Kollam
Common Reasons
Recovery of money
Case Code
Case between Raju. M vs B.Prabhakaran Pillai regarding realization of money
Case Code Year
Case between Raju. M vs B.Prabhakaran Pillai regarding realization of money