Case Summary
The case involves Sree Gokulam Chits & Finance Co. (P) Ltd. and defendants Junais Rahiman.K. and Faizal Rahiman.K. The plaintiff claims that the defendants owe money from a chit agreement, which they have failed to repay.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Plaintiff is entitled to realise an amount of ₹7,72,090 with interest at the rate of 18% per annum and costs from the defendants.
Case Type
Civil Suit
Final Judgment
No
The court decreed that the plaintiff is entitled to recover ₹7,72,090 from the defendants along with interest and costs. This decision is based on the defendants' failure to repay the amounts due under the chit agreement.
Why Plaintiff Won:
Plaintiff proved their case with cogent and reliable evidence.
Plaintiff proved their case with cogent and reliable evidence.
Losing Side's Weaknesses:
Plaintiff proved their case with cogent and reliable evidence.
Plaintiff proved their case with cogent and reliable evidence.
Supporting Evidence
Since D1 did not file written statement and D2 opted to remain exparte, 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 by adducing cogent and reliable evidence.
Judgment Evidence:
In the result, the suit is decreed as follows: Plaintiff is entitled to realise an amount of ₹7,72,090 with interest at the rate of 18% per annum from the date of suit till the realization from the defendants and their assets. Plaintiff is entitled to realise the costs of the suit from the defendants.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Sree Gokulam Chits & Finance Co. (P) Ltd.
- Party Role
- Defendant
- Party Name
- Junais Rahiman.K.
- Party Age
- 36
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Faizal Rahiman.K.
- Party Age
- 43
- Relation
- S/o
Plaintiffs Documents
Jenam Assignment Deed Doc. No.227/2010, Resolution passed by the Board of Directors dated 08.06.2016, Memorandum of the deposit of title deed dated 10.09.2011, Certified copy of agreement dated 10-9-2011, Statement of Account of Chit No.G2J/0739/KDM/07 dated 10.09.2011, Tax Receipt dated 17.06.2011
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri.S.Hariharan
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sri.P.Santhoshkumar.
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff is entitled to realise an amount of Rs. 7,72,090/- with interest.
Evidence:
Therefore, I am satisfied that the plaintiff has proved his case by adducing cogent and reliable evidence. Hence, the plaintiff is entitled to a decree as prayed for.
Relief Type:
Cost
Outcome:
Granted
Description:
Plaintiff is entitled to realise the costs of the suit from the defendants.
Evidence:
Plaintiff is entitled to realise the costs of the suit from the defendants.
Documents & Evidence
Document Type:
Title deed
Submitted By:
Plaintiff
Relevance:
Mortgaged as security for the liability in respect of the chit.
Reference:
Ext.A1
Document Type:
Resolution
Submitted By:
Plaintiff
Relevance:
Resolution passed by the Board of Directors dated 08.06.2016.
Reference:
Ext.A2
Document Type:
Memorandum of Deposit
Submitted By:
Plaintiff
Relevance:
Memorandum of the deposit of title deed.
Reference:
Ext.A3
Document Type:
Agreement
Submitted By:
Plaintiff
Relevance:
Agreement acknowledging the receipt of the amount for the prize chits.
Reference:
Ext.A5
Document Type:
Statement of Account
Submitted By:
Plaintiff
Relevance:
Statement of Account related to the chit.
Reference:
Ext.A6
Document Type:
Tax receipt
Submitted By:
Plaintiff
Relevance:
Tax Receipt dated 17.06.2011.
Reference:
Ext.A7
Case Classification
Case Type
Civil 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 Chits & Finance Co. (P) Ltd. vs Junais Rahiman.K., Faizal Rahiman.K. regarding Money
Case Code Year
Case between Sree Gokulam Chits & Finance Co. (P) Ltd. vs Junais Rahiman.K., Faizal Rahiman.K. regarding Money
Case Flags
Cheque-Related Case
Nature of Cheque Case
Cheque issued towards legally enforceable debt