Case Summary
Sree Gokulam Chit & Finance Co. filed a suit against Faizal Rahiman.K. and others to recover money owed from a chit agreement. The defendants failed to repay the amount despite receiving funds from the plaintiff.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Defendants directed to pay Rs.7,53,954/- with interest.
Case Type
Original Suit
Final Judgment
No
The court decreed that the defendants must pay the plaintiff the amount of Rs.7,53,954/- along with interest. The plaintiff is also entitled to recover costs from the defendants.
Why Plaintiff Won:
Plaintiff proved its case with reliable evidence, and the defendants failed to contest the claims.
Plaintiff proved its case with reliable evidence, and the defendants failed to contest the claims.
Losing Side's Weaknesses:
Plaintiff proved its case with reliable evidence, and the defendants failed to contest the claims.
Plaintiff proved its case with reliable evidence, and the defendants failed to contest the claims.
Supporting Evidence
The evidence adduced by the plaintiff remained unchallenged. I find no reason to disbelieve PW1. Therefore, I am satisfied that the plaintiff has proved his case.
Judgment Evidence:
In the result, the suit is decreed as follows: 1. The defendants are directed to pay an amount of Rs.7,53,954/- (Rupees Seven Lakh Fifty Three Thousand Nine Hundred and Fifty Four only) with interest @ 18% per annum thereon from the date of suit till realization, to the plaintiff.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Sree Gokulam Chit & Finance Co.(P) Ltd.
- Party Role
- Defendant
- Party Name
- Faizal Rahiman.K.
- Party Age
- 43
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Junais Rahiman.K.
- Party Age
- 36
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Athika.T.P.
- Party Age
- 39
- Relation
- W/o
Plaintiffs Documents
Certified copy of Jenm Assignment Deed dated 8-1-2010, Resolution passed by Board of Directors, dated, 08.06.2016, Certified copy of Memorandum of the deposit of title deeds, dated 10.09.2011, Statement of Account of Chit No.G2J/0738/KDM/20, Certified copy of Tax Receipt, dated 17.06.2011.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. S.Hariharan
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Sri.Kamarudheen.P.
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- Sri.P.Santhosh kumar
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Defendants are directed to pay an amount of Rs. 7,53,954/- with interest.
Evidence:
The defendants are directed to pay an amount of Rs.7,53,954/- (Rupees Seven Lakh Fifty Three Thousand Nine Hundred and Fifty Four only) with interest @ 18% per annum thereon from the date of suit till realization, to the plaintiff.
Relief Type:
Other
Outcome:
Granted
Description:
Plaintiff is entitled to realize the costs of the suit from the defendants.
Evidence:
Plaintiff is entitled to realize the costs of the suit from the defendants.
Documents & Evidence
Document Type:
Title deed
Submitted By:
Plaintiff
Relevance:
Original title deed handed over by 2nd defendant as security.
Reference:
Ext.A1
Document Type:
Resolution
Submitted By:
Plaintiff
Relevance:
Resolution passed by Board of Directors regarding the chit.
Reference:
Ext.A2
Document Type:
Agreement
Submitted By:
Plaintiff
Relevance:
Agreement acknowledging receipt of the amount due.
Reference:
Ext.A5
Document Type:
Memorandum of Deposit of Title Deed
Submitted By:
Plaintiff
Relevance:
Document evidencing the deposit of title deed.
Reference:
Ext.A3
Document Type:
Statement of Account
Submitted By:
Plaintiff
Relevance:
Statement of Account of the chit demonstrating outstanding amounts.
Reference:
Ext.A6
Document Type:
Tax receipt
Submitted By:
Plaintiff
Relevance:
Tax receipt dated 17.06.2011 related to the chit transaction.
Reference:
Ext.A7
Case Classification
Case Type
Original Suit
Category
Money and Loan Recovery
District
Malappuram
State
Kerala
Court Establishment
Munsiff Court, Tirur / Rent Control Court
Common Reasons
Recovery of money
Case Code
Case between Sree Gokulam Chit & Finance Co.(P) Ltd. vs Faizal Rahiman.K. et al regarding Money
Case Code Year
Case between Sree Gokulam Chit & Finance Co.(P) Ltd. vs Faizal Rahiman.K. et al regarding Money
Case Flags
Cheque-Related Case
Nature of Cheque Case
Cheque issued towards legally enforceable debt