Case Summary
Shylaja is the plaintiff who has filed a suit against Suresh.D. for the recovery of a borrowed amount. The defendant borrowed money from the plaintiff for his house construction and failed to repay as promised.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
An amount of Rs.1,55,450/- together with interest at the rate of 12% per annum from the date of suit till the date of decree.
Case Type
Civil Suit
Final Judgment
No
The court has decreed in favor of the plaintiff, allowing her to recover the borrowed amount along with interest.
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
The evidence clearly established that the defendant is indebted to the plaintiff. From the evidence of PW1 and Exts.A1 to A8, A10 documents, it shows that the plaintiff is entitled to realise an amount of Rs.1,55,450/- (Rupees One Lakh Fifty Five Thousand Four Hundred and Fifty only) 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.1,55,450/- (Rupees One Lakh Fifty Five Thousand Four Hundred and Fifty 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 the realisation, from the defendant and his assets, with costs.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Shylaja
- Relation
- D/o
- Party Role
- Defendant
- Party Name
- Suresh.D.
- Relation
- S/o
Plaintiffs Documents
Cheques, Lawyer’s notices, Acknowledgment Cards, Housewarming invitation
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- V.Dayas
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff is entitled to recover an amount of Rs.1,55,450/- from the defendant.
Evidence:
In the result, the suit is decreed as follows:- Plaintiff is entitled to realise an amount of Rs.1,55,450/- (Rupees One Lakh Fifty Five Thousand Four Hundred and Fifty 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 the realisation, from the defendant and his assets, with costs.
Documents & Evidence
Document Type:
Cheque
Submitted By:
Plaintiff
Relevance:
Cheque issued by the defendant in favor of the plaintiff for realization of the borrowed amount.
Reference:
Ext.A1
Document Type:
Cheque
Submitted By:
Plaintiff
Relevance:
Another cheque issued by the defendant in favor of the plaintiff for realization of the borrowed amount.
Reference:
Ext.A2
Document Type:
Cheque Return Memo
Submitted By:
Plaintiff
Relevance:
Document showing that the cheque issued by the defendant was dishonoured.
Reference:
Ext.A3
Document Type:
Lawyer's Notice
Submitted By:
Plaintiff
Relevance:
Office copy of the lawyer's notice sent to the defendant demanding repayment.
Reference:
Ext.A4
Document Type:
Lawyer's Notice
Submitted By:
Plaintiff
Relevance:
Another office copy of the lawyer's notice sent to the defendant demanding repayment.
Reference:
Ext.A5
Document Type:
Acknowledgment card
Submitted By:
Plaintiff
Relevance:
Photocopy of the acknowledgment card related to the notice.
Reference:
Ext.A6
Document Type:
Acknowledgment card
Submitted By:
Plaintiff
Relevance:
Acknowledgment card confirming receipt of the lawyer's notice.
Reference:
Ext.A7
Document Type:
House warming invitation letter
Submitted By:
Plaintiff
Relevance:
Invitation that relates to timing of events around the borrowing.
Reference:
Ext.A8
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
Document evidencing the sending of legal notice.
Reference:
Ext.A10
Case Classification
Case Type
Civil Suit
Category
Cheque Bounce Cases
District
Kollam
State
Kerala
Court Establishment
Munsiff Court Kollam
Common Reasons
Recovery of money
Case Code
Case between Shylaja vs Suresh.D. regarding Realisation of Money
Case Code Year
Case between Shylaja vs Suresh.D. regarding Realisation of Money
Case Flags
Cheque-Related Case
Nature of Cheque Case
Cheque Dishonour under Section 138 N.I. Act