Case Summary
Plaintiff, a coolie worker, subscribed to a gold business scheme by the defendant company. After remitting Rs. 36,000, the defendant failed to repay the amount, leading to the lawsuit for money realization.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Realization of money with interest
Case Type
Civil Suit - Money Realization
Final Judgment
No
The court decreed the defendant to pay the plaintiff Rs. 36,000 with 6% interest per annum until realization, and the defendant is also liable for the costs of the suit.
Why Plaintiff Won:
The plaintiff proved the case by cogent and reliable evidence.
The plaintiff proved the case by cogent and reliable evidence.
Losing Side's Weaknesses:
The plaintiff proved the case by cogent and reliable evidence.
The plaintiff proved the case by cogent and reliable evidence.
Supporting Evidence
According to Pw1 the said amount was not repaid by the defendant inspite of the repeated demands from the part of the plaintiff. Since the defendant opted to remain exparte, nothing is there to unruffle the evidence adduced by the plaintiff. Hence the plaintiff proved his case by cogent and reliable evidence.
Judgment Evidence:
In the result the suit is decreed as follows: I. Defendant is hereby directed to pay the plaintiff an amount of Rs. 36,000/- (Rupees thirty-six thousand only) with an interest at 6% per annum from the date of the suit till the date of realization. II. The defendant shall pay the costs of the suit to the plaintiff.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Rukhiya
- Party Age
- 39
- Relation
- W/o Ashraf
- Party Role
- Plaintiff
- Party Name
- Deepa
- Party Age
- 34
- Relation
- W/o Shaji
- Party Role
- Defendant
- Party Name
- Thunchath Jewellers
Plaintiffs Documents
Passbook (Ext.A1)
Defendants Documents
Not available
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. C. Shanmughan
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Money Realization
Outcome:
Granted
Description:
To pay the plaintiff Rs. 36,000 with interest at 6% per annum until realization
Evidence:
Documents & Evidence
Document Type:
Passbook
Submitted By:
Plaintiff
Relevance:
Showed payment history by the plaintiff to the defendant company
Reference:
Ext.A1
Case Classification
Case Type
Civil Suit - Money Realization
Category
Money and Loan Recovery
District
Malappuram
State
Kerala
Court Establishment
Munsiff Court, Tirur / Rent Control Court
Common Reasons
Failure to repay subscription amount under the scheme
Case Code
Case between Rukhiya vs Thunchath Jewellers regarding money realization
Case Code Year
Case between Rukhiya vs Thunchath Jewellers regarding money realization