Case Summary
The plaintiff, Stephen George, lent money to the first defendant, S.Noushad @ Kunjumon, for which repayment is sought after a cheque was dishonored. The second defendant, Raju, denied involvement, claiming he was abroad during the transactions.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
An amount of Rs.9,11,000/- with interest
Case Type
Civil Suit
Final Judgment
No
The court decreed the suit in favor of the plaintiff, allowing the recovery of Rs.9,11,000/- from the first defendant. The second defendant was found not liable.
Why Plaintiff Won:
The plaintiff proved the loan transaction and the failure of the first defendant to repay.
The plaintiff proved the loan transaction and the failure of the first defendant to repay.
Losing Side's Weaknesses:
The plaintiff proved the loan transaction and the failure of the first defendant to repay.
The plaintiff proved the loan transaction and the failure of the first defendant to repay.
Supporting Evidence
The plaintiff claims that the 1st defendant acted as a surety for the loan repayment... However, the plaintiff failed to provide sufficient evidence to demonstrate that both the 1st and 2nd defendants were involved in a real estate business.
Judgment Evidence:
In the result, the suit is decreed with costs as follows: The plaintiff is entitled to realise an amount of Rs.9,11,000/- (Rupees Nine Lakh Eleven Thousand only) with interest at the rate of 12% per annum from the date of the suit till the date of decree for the principal amount and at the rate of 6% per annum from the date of decree till realisation with costs, from the 1st defendant and his assets.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Stephen George
- Party Age
- 64
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- S.Noushad @ Kunjumon
- Party Age
- 50
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Raju
- Party Age
- 30
- Relation
- S/o
Plaintiffs Documents
Agreement dated 05-01-2013, Dishonour Memo dated 28-04-2014, Office of Lawyer’s Notice dated 30-04-2014.
Defendants Documents
Photocopy of Power of Attorney, Sale Deed No. 407/2013, Original Passport No. J5975352.
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. Maranadu G.Krishnakumar
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sri.Shaji. P.Aziz
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Smitha.R
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Suresh Brahmadas
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Chithra.D.S
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
The plaintiff is entitled to recover an amount of Rs.9,11,000 with interest from the 1st defendant.
Evidence:
The plaintiff is entitled to realise an amount of Rs.9,11,000/- (Rupees Nine Lakh Eleven Thousand only) with interest at the rate of 12% per annum from the date of the suit till the date of decree.
Relief Type:
Costs
Outcome:
Granted
Description:
Plaintiff is awarded costs related to the suit.
Evidence:
There is no reason to deviate from the rule 'costs shall follow the event'.
Documents & Evidence
Document Type:
Agreement
Submitted By:
Plaintiff
Relevance:
This document serves as proof of the agreement between the plaintiff and the 1st defendant regarding the loan and the collateral.
Reference:
Ext.A2
Document Type:
Cheque
Submitted By:
Plaintiff
Relevance:
This cheque was issued by the 1st defendant for repayment of the loan but was later dishonored.
Reference:
Ext.A3
Document Type:
Dishonour memo
Submitted By:
Plaintiff
Relevance:
This memo identifies the dishonor of the cheque issued by the 1st defendant.
Reference:
Ext.A4
Document Type:
Lawyer's Notice
Submitted By:
Plaintiff
Relevance:
This notice was sent to demand repayment from the defendants after the cheque was dishonored.
Reference:
Ext.A5
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
These deeds provide evidence of property transactions relevant to the claims of both parties.
Reference:
Ext.A1, A7, A10, A11, A13
Document Type:
Land Tax Receipt
Submitted By:
Plaintiff
Relevance:
These receipts support the plaintiff's claims of ownership and value of the property involved.
Reference:
Ext.A8, A12, A14
Document Type:
Power of Attorney
Submitted By:
Plaintiff
Relevance:
This document establishes the authority for the 1st defendant regarding property transactions.
Reference:
Ext.A9
Document Type:
Photocopy of Power of Attorney
Submitted By:
Defendant
Relevance:
This document serves as evidence regarding the authority over property related to the claims.
Reference:
Ext.B1
Document Type:
Agreement Deed
Submitted By:
Defendant
Relevance:
These documents provide evidence of agreements related to property discussions.
Reference:
Ext.B2, B3
Document Type:
Sale deed
Submitted By:
Defendant
Relevance:
This deed evidences the purchase of property by the 2nd defendant from the 1st defendant.
Reference:
Ext.B4
Document Type:
Passport
Submitted By:
Defendant
Relevance:
This document corroborates the 2nd defendant's claim of being out of the country during the transactions.
Reference:
Ext.B5
Document Type:
Witness Examination
Submitted By:
Court
Relevance:
This details the examination of witnesses from both sides in the trial.
Reference:
Document Type:
Final Judgment
Submitted By:
Court
Relevance:
The final judgment summarizes the court's decision regarding the claims.
Reference:
Case Classification
Case Type
Civil Suit
Category
Money and Loan Recovery
District
Kollam
State
Kerala
Court Establishment
Munsiff Court Kollam
Common Reasons
Loan Recovery
Case Code
Case between Stephen George vs S.Noushad @ Kunjumon et al regarding Realisation of Money
Case Code Year
Case between Stephen George vs S.Noushad @ Kunjumon et al regarding Realisation of Money
Case Flags
Cheque-Related Case
Nature of Cheque Case
Cheque Dishonour