Case Summary
The case involves a money-lending institution, St. Mary’s Financiers, suing Mini Johnson for failing to repay a loan of ₹25,000. The defendant has acknowledged receiving the money but disputes the amount owed.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The defendant is directed to pay ₹29,190 to the plaintiff, with interest on the principal amount of ₹25,000 at 9% per annum from the date of the suit to the date of decree.
Case Type
Civil Suit
Final Judgment
No
The court ruled in favor of the plaintiff, directing the defendant to pay ₹29,190 along with interest from the date of the suit.
Why Plaintiff Won:
The plaintiff successfully proved the loan transaction and the execution of the promissory note.
The plaintiff successfully proved the loan transaction and the execution of the promissory note.
Losing Side's Weaknesses:
The plaintiff successfully proved the loan transaction and the execution of the promissory note.
The plaintiff successfully proved the loan transaction and the execution of the promissory note.
Supporting Evidence
The plaintiff has discharged its initial burden by proving the transaction through the evidence of PW1. The defendant did not mount the box to give evidence.
Judgment Evidence:
In the result, the suit is decreed as follows: 1. The defendant is directed to pay an amount of ₹29,190/- to the plaintiff, with interest on the principal amount of ₹25,000/- at 9% per annum from the date of the suit to the date of the decree, and at 6% per annum from the date of decree till the date of realization.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- St. Mary’s Financiers
- Relation
- represented by its Proprietor
- Party Role
- Defendant
- Party Name
- Mini Johnson
- Party Age
- 44
- Relation
- D/o
Plaintiffs Documents
Promissory Note from St. Mary’s Financiers, Legal Notice, Postal Receipt, Acknowledgement Card, Loan Application, Loan Agreement, License No. 32050367932
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- N. T Babu
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Jayadeep P. V
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
The plaintiff is entitled to recover ₹29,190/- from the defendant.
Evidence:
In the result, the suit is decreed as follows: The defendant is directed to pay an amount of ₹29,190/- to the plaintiff.
Relief Type:
Interest
Outcome:
Granted
Description:
Interest at 9% per annum on the principal amount from the date of the suit till the date of the decree.
Evidence:
The plaintiff is directed to pay... interest on the principal amount of ₹25,000/- at 9% per annum from the date of the suit to the date of the decree.
Relief Type:
Costs
Outcome:
Granted
Description:
The plaintiff is entitled to realize costs from the defendant.
Evidence:
The plaintiff is entitled to realize costs from the defendant.
Documents & Evidence
Document Type:
Promissory Note
Submitted By:
Plaintiff
Relevance:
The document is evidence of the loan agreement, showing the defendant's promise to repay the loan.
Reference:
Ext.A1
Document Type:
Legal Notice
Submitted By:
Plaintiff
Relevance:
The document is a demand for repayment sent to the defendant indicating her default.
Reference:
Ext.A2
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
The document serves as proof that the legal notice was sent to the defendant.
Reference:
Ext.A3
Document Type:
Acknowledgement Card
Submitted By:
Plaintiff
Relevance:
The card confirms receipt of the legal notice by the defendant.
Reference:
Ext.A4
Document Type:
Loan Application
Submitted By:
Plaintiff
Relevance:
The document shows the defendant's request for a loan from the plaintiff.
Reference:
Ext.A5
Document Type:
Loan Agreement
Submitted By:
Plaintiff
Relevance:
The agreement outlines the terms under which the loan was provided to the defendant.
Reference:
Ext.A6
Document Type:
License
Submitted By:
Plaintiff
Relevance:
The document verifies the plaintiff's authorization to conduct money-lending activities.
Reference:
Ext.A7
Case Classification
Case Type
Civil Suit
Category
Money and Loan Recovery
District
Kottayam
State
Kerala
Court Establishment
Munsiff Court, Pala
Common Reasons
Recovery of money
Case Code
Case between St. Mary’s Financiers vs Mini Johnson regarding realisation of money
Case Code Year
Case between St. Mary’s Financiers vs Mini Johnson regarding realisation of money