Case Summary
Sajeebhai filed a suit against Sanil for the realization of money lent. The defendant borrowed an amount of Rs.1,80,000/- from the plaintiff and failed to repay it as agreed.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Plaintiff is entitled to realise an amount of Rs.2,45,800/- with interest at the rate of 12% per annum from the date of the suit till realisation.
Case Type
Civil Suit
Final Judgment
No
The court decreed that the plaintiff is entitled to recover Rs.2,45,800/- from the defendant with interest and costs.
Why Plaintiff Won:
Evidence clearly established that the defendant is indebted to the plaintiff.
Evidence clearly established that the defendant is indebted to the plaintiff.
Losing Side's Weaknesses:
Evidence clearly established that the defendant is indebted to the plaintiff.
Evidence clearly established that the defendant is indebted to the plaintiff.
Supporting Evidence
From the evidence of PW1 and Exts.A1 to A3 documents, it is shows that the plaintiff is entitled to realise an amount of Rs.2,45,800/- from the defendant and his assets.
Judgment Evidence:
In the result, the suit is decreed as follows: Plaintiff is entitled to realise an amount of Rs.2,45,800/- with interest at the rate of 12% per annum from the date of the suit till realisation, from the defendant and his assets, with costs.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Sajeebhai
- Party Age
- 60
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Sanil
- Party Age
- 45
- Relation
- S/o
Plaintiffs Documents
Promissory Note, Office copy of Advocate notice, Acknowledgment Card
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- B.S. Dayak
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- D. Baijukumar
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
The plaintiff is entitled to realize an amount of Rs.2,45,800/- with interest from the defendant.
Evidence:
In the result, the suit is decreed as follows: Plaintiff is entitled to realise an amount of Rs.2,45,800/- (Rupees Two Lakhs Forty Five Thousand and Eight Hundred only) with interest at the rate of 12% per annum for the principal amount of Rs.1,80,000/- (Rupees One Lakh Eighty Thousand only) from the date of the suit till realisation, from the defendant and his assets, with costs.
Documents & Evidence
Document Type:
Promissory Note
Submitted By:
Plaintiff
Relevance:
This document is the promissory note executed by the defendant in favor of the plaintiff for the borrowed amount.
Reference:
Ext.A1
Document Type:
Office copy of Advocate notice
Submitted By:
Plaintiff
Relevance:
This document is the lawyer's notice issued by the plaintiff demanding repayment of the borrowed amount.
Reference:
Ext.A2
Document Type:
Acknowledgment card
Submitted By:
Plaintiff
Relevance:
This document serves as evidence of the receipt of the lawyer's notice by the defendant.
Reference:
Ext.A3
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 Sajeebhai vs Sanil regarding realization of money
Case Code Year
Case between Sajeebhai vs Sanil regarding realization of money