Case Summary
The plaintiff, Shanavas, is seeking to recover a loan amount of Rs. 5,00,000/- from the defendants, Shajahan and Hayarnisa. The defendants borrowed the amount but failed to repay it within the agreed timeline.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Plaintiff is entitled to realize an amount of Rs.6,41,837/- together with interest at the rate of 12% per annum.
Case Type
Civil Suit
Final Judgment
No
The court decreed in favor of the plaintiff, allowing him to recover Rs. 6,41,837/- along with interest from the defendants.
Why Plaintiff Won:
The evidence clearly established that the defendant is indebted to the plaintiff.
The evidence clearly established that the defendant is indebted to the plaintiff.
Losing Side's Weaknesses:
The evidence clearly established that the defendant is indebted to the plaintiff.
The evidence clearly established that the defendant is indebted to the plaintiff.
Supporting Evidence
From Ext. A2 agreement, it is evince that the plaintiff given an amount of Rs. 5,00,000/- (Rupees Five Lakhs only) infavour of the defendants as part of sale consideration. The evidence clearly established that the defendant is indebted to the plaintiff.
Judgment Evidence:
In the result, the suit is decreed as follows: Plaintiff is entitled to realise an amount of Rs.6,41,837/-(Rupees Six Lakhs Forty One Thousand Eight Hundred and Thirty Seven only) together with interest at the rate of 12% per annum from the date of suit till the date of decree and at the rate of 6% per annum from the date of decree till realisation, from the defendants and their assets, with costs.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Shanavas
- Party Age
- 41
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Shajahan
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Hayarnisa
- Relation
- W/o
Plaintiffs Documents
Original Power of attorney, Agreement, Copy of Advocate notice, Postal Receipts, Acknowledgment Cards.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Pallimon S.Sreekumar
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Asha Sreekumar
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- Deepu.I
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Thoufeek
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff granted recovery of Rs.6,41,837/- from the defendants.
Evidence:
In the result, the suit is decreed as follows: Plaintiff is entitled to realise an amount of Rs.6,41,837/- (Rupees Six Lakhs Forty One Thousand Eight Hundred and Thirty Seven only) together with interest at the rate of 12% per annum from the date of suit till the date of decree.
Documents & Evidence
Document Type:
Original power of attorney
Submitted By:
Plaintiff
Relevance:
Establishes the authority of the plaintiff in the matter.
Reference:
Ext.A1
Document Type:
Agreement
Submitted By:
Plaintiff
Relevance:
Contains the terms regarding the loan and repayment obligation.
Reference:
Ext.A2
Document Type:
Copy of Advocate Notice
Submitted By:
Plaintiff
Relevance:
Demonstrates the plaintiff's attempt to recover the loan.
Reference:
Ext.A3
Document Type:
Postal Receipts
Submitted By:
Plaintiff
Relevance:
Provides evidence of notice sent to the defendants.
Reference:
Ext.A4
Document Type:
Acknowledgment Cards
Submitted By:
Plaintiff
Relevance:
Confirms the receipt of the notice by the defendants.
Reference:
Ext.A5
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Kollam
State
Kerala
Court Establishment
Munsiff Court Kollam
Common Reasons
Non-payment of rent
Case Code
Case between Shanavas vs Shajahan et al regarding realization of money.
Case Code Year
Case between Shanavas vs Shajahan et al regarding realization of money.