Case Summary
Rejith Roy D'souza is seeking to recover a debt of 5,00,000/- from Mulla Veettil Ameena. The defendant borrowed money from the plaintiff for her daughter's education and for making ornaments.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Rs.5,00,000/- with an interest at the rate of 7% till the date of decree and thereafter at the rate of 6% per annum till realisation.
Case Type
Civil Suit
Final Judgment
No
The suit is decreed in favor of the plaintiff, directing the defendant to pay 5,00,000/- with interest and costs.
Why Plaintiff Won:
The claim of the plaintiff was supported by the affidavit and documents submitted, establishing the defendant's debt.
The claim of the plaintiff was supported by the affidavit and documents submitted, establishing the defendant's debt.
Losing Side's Weaknesses:
Not available
Not available
Supporting Evidence
The plaint claim of borrowal of the amount, the default of the payments is proved by the affidavit of PW1 and documents No.A1 and A2.
Judgment Evidence:
In the result, The suit is decreed as follows: The defendant is directed to pay Rs.5,00,000/- (Rupees Five Lakhs Only) to the plaintiff with an interest at the rate of 7% till the date of decree and thereafter at the rate of 6% per annum till realisation.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Rejith Roy D'souza
- Party Age
- 48
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Mulla Veettil Ameena
- Party Age
- 52
- Relation
- D/o
Plaintiffs Documents
Cheque of Rs. 5,00,000/- of FederalBank, Nadakkavu, Kozhikode, bearing No. 866800; Memo issue from the Punjab National Bank, Calicut.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. Anil Viswanath
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Adv. Muhammed Shamnas O.K.
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
The defendant is directed to pay Rs.5,00,000/- to the plaintiff.
Evidence:
The suit is decreed as follows: The defendant is directed to pay Rs.5,00,000/- (Rupees Five Lakhs Only) to the plaintiff with an interest at the rate of 7% till the date of decree and thereafter at the rate of 6% per annum till realisation.
Relief Type:
Other
Outcome:
Granted
Description:
The defendant is directed to pay the costs of the suit to the plaintiff.
Evidence:
The plaintiff is entitled to get the costs of the suit.
Documents & Evidence
Document Type:
Cheque
Submitted By:
Plaintiff
Relevance:
This cheque was issued by the defendant towards repayment of the borrowed amount.
Reference:
Ext.A1
Document Type:
Memo
Submitted By:
Plaintiff
Relevance:
This memo indicates the return of the cheque due to insufficient funds.
Reference:
Ext.A2
Case Classification
Case Type
Civil Suit
Category
Money and Loan Recovery
District
Kozhikode
State
Kerala
Court Establishment
Munsiff Court 2 Kozhikode
Common Reasons
Recovery of money
Case Code
Case between Rejith Roy D'souza vs Mulla Veettil Ameena regarding realization of money
Case Code Year
Case between Rejith Roy D'souza vs Mulla Veettil Ameena regarding realization of money
Case Flags
Cheque-Related Case
Nature of Cheque Case
Cheque Dishonour under Section 138 N.I. Act