Case Summary
Plaintiff filed a suit against the defendant, his friend, for not repaying Rs.1,00,000 borrowed for business purposes. Defendant executed an agreement but failed to repay as promised.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Realization of Rs.1,00,000 with interest and costs
Case Type
Money Realisation
Final Judgment
No
The court decreed the suit in favor of the plaintiff, allowing the realisation of Rs.1,00,000 with interest and costs from the defendant.
Why Plaintiff Won:
The plaintiff provided cogent and reliable evidence showing the defendant's failure to repay the borrowed amount.
The plaintiff provided cogent and reliable evidence showing the defendant's failure to repay the borrowed amount.
Losing Side's Weaknesses:
Supporting Evidence
Since the defendant remained ex-parte, the evidence adduced by the plaintiff remained unchallenged. I find no reason to disbelieve the plaintiff. So, the plaintiff has proved his case by adducing cogent and reliable evidence and the plaintiff is entitled to get a decree as prayed for.
Judgment Evidence:
In the result, the suit is decreed as follows: Plaintiff is allowed to realize an amount of Rs.1,00,000/- (Rupees One Lakh only) with interest at the rate of 6% per annum from the date of the suit till realization from the defendant and his assets.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Sidhiq Ali
- Party Age
- 33
- Relation
- S/o. Muhammed (late)
- Party Role
- Plaintiff
- Party Name
- Rahees
- Relation
- Agent
- Party Role
- Defendant
- Party Name
- Muhammed Abdul Noor
- Party Age
- 38
- Relation
- S/o.(late) Abdulla Musaliyar
Plaintiffs Documents
Agreement dated 1.2.2008 (Ext.A1)
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. M. A. Ismail
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Money Realisation
Outcome:
Granted
Description:
Realization of Rs.1,00,000 with interest and costs
Evidence:
The court decreed the suit in favor of the plaintiff, allowing the realisation of Rs.1,00,000 with interest and costs from the defendant.
Documents & Evidence
Document Type:
Agreement
Submitted By:
Plaintiff
Relevance:
The agreement executed by the defendant in favor of the plaintiff on 1-2-2008 shows the terms of borrowing and repayment.
Reference:
Ext.A1
Case Classification
Case Type
Money Realisation
Category
Money and Loan Recovery
District
Malappuram
State
Kerala
Court Establishment
Munsiff Court, Tirur / Rent Control Court
Common Reasons
Borrowing money for business
Case Code
Case between Sidhiq Ali et al vs Muhammed Abdul Noor regarding money realisation
Case Code Year
Case between Sidhiq Ali et al vs Muhammed Abdul Noor regarding money realisation
Case Flags
Arrest Involved