Case Summary
State Bank of Travancore filed a suit against defendants seeking realisation of a loan amount with interest due to non-repayment as per the agreement.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Realisation of Loan Amount with Interest and Costs
Case Type
Civil Suit - Realisation of Loan Amount
Final Judgment
No
The court decreed in favor of the plaintiff, allowing them to realise the loan amount with interest and costs from the defendants and the mortgaged property.
Why Plaintiff Won:
The plaintiff provided unchallenged oral evidence and documents proving non-repayment of the loan amount as per the agreement.
The plaintiff provided unchallenged oral evidence and documents proving non-repayment of the loan amount as per the agreement.
Losing Side's Weaknesses:
Not available
Not available
Supporting Evidence
The evidence adduced by the plaintiff remained unchallenged. I find no reason to disbelieve PW.1. The plaintiff has proved its case by the oral evidence and documents produced in this case. So, the plaintiff is entitled to a decree as prayed for.
Judgment Evidence:
In the result the suit is decreed as follows:- 1. Plaintiff is allowed to realise an amount of Rs.94,430/- with interest at the rate of 7.5% per annum from the date of suit till today and thereafter at the rate of 6% per annum till realisation from the defendants and their assets.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- State Bank of Travancore
- Party Role
- Defendant
- Party Name
- Sundaran M.P.
- Party Age
- 38
- Relation
- S/o. Late Krishnan
- Party Role
- Defendant
- Party Name
- Lakshmi M.P.
- Party Age
- 74
- Relation
- W/o. Late Krishnan
Plaintiffs Documents
Application form for housing finance, Memorandum Term loan Agreement, Memorandum of deposit of title deeds, Jenm Assignment Deed, Revival Letter Form II, Revival Letter Form III, Revival Letter Form III, Statement of accounts
Defendants Documents
Not available
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. C M. Venugopalen
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Smt. K. Sreekala
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- Sri. Mohamed Raleeq A. M.
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Realisation of Loan Amount
Outcome:
Granted
Description:
Realisation of an amount of Rs.94,430/- with interest at the rate of 7.5% per annum from the date of suit till today and thereafter at the rate of 6% per annum till realisation from the defendants and their assets.
Evidence:
In the result the suit is decreed as follows:- 1. Plaintiff is allowed to realise an amount of Rs.94,430/- with interest at the rate of 7.5% per annum from the date of suit till today and thereafter at the rate of 6% per annum till realisation from the defendants and their assets.
Documents & Evidence
Document Type:
Application form for housing finance
Submitted By:
Plaintiff
Relevance:
Loan application submitted by the defendants
Reference:
Ext.A1
Document Type:
Memorandum Term loan Agreement
Submitted By:
Plaintiff
Relevance:
Housing loan Agreement executed by the defendants
Reference:
Ext.A2
Document Type:
Memorandum of deposit of title deeds
Submitted By:
Plaintiff
Relevance:
Title deed deposited by the second defendant as collateral security
Reference:
Ext.A3
Document Type:
Jenm Assignment Deed
Submitted By:
Plaintiff
Relevance:
Title deed of the second defendant's property
Reference:
Ext.A4
Document Type:
Revival Letter Form II
Submitted By:
Plaintiff
Relevance:
Acknowledgment of debt by the defendants
Reference:
Ext.A5
Document Type:
Revival Letter Form III
Submitted By:
Plaintiff
Relevance:
Acknowledgment of debt by the defendants
Reference:
Ext.A6
Document Type:
Revival Letter Form III
Submitted By:
Plaintiff
Relevance:
Acknowledgment of debt by the defendants
Reference:
Ext.A7
Document Type:
Statement of Accounts
Submitted By:
Plaintiff
Relevance:
Shows the amount due from the defendants as on the date of the suit
Reference:
Ext.A8
Case Classification
Case Type
Civil Suit - Realisation of Loan Amount
Category
Money and Loan Recovery
District
Malappuram
State
Kerala
Court Establishment
Munsiff Court, Tirur / Rent Control Court
Common Reasons
Non-payment of loan as per agreement
Case Code
Case between State Bank of Travancore vs Sundaran M.P. et al regarding loan realisation
Case Code Year
Case between State Bank of Travancore vs Sundaran M.P. et al regarding loan realisation