Case Summary
T.S.Baby is the plaintiff who stood as a surety for K.A.Asha's personal loan. The case revolves around K.A.Asha's failure to repay the loan amount, leading T.S.Baby to seek recovery through the court.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The plaintiff is allowed to realise the plaint claim of Rs.4,22,500/- from the defendant with 9% interest from the date of the suit.
Case Type
Civil Suit
Final Judgment
No
The court ruled in favor of the plaintiff, decreeing the suit and allowing T.S.Baby to recover the claimed amount. The defendant is required to pay the plaintiff the amount with interest.
Why Plaintiff Won:
The plaintiff successfully proved the claim through cogent evidence.
The plaintiff successfully proved the claim through cogent evidence.
Losing Side's Weaknesses:
The plaintiff successfully proved the claim through cogent evidence.
The plaintiff successfully proved the claim through cogent evidence.
Supporting Evidence
The statement of PW1, Ext.A1 to A3 had proved the case of the plaintiff. Moreover, the defendant did not deny the signature in Ext.A3.
Judgment Evidence:
In the result, the suit is decreed with costs as follows: The plaintiff is allowed to realise the plaint claim of Rs.4,22,500/- from the defendant with 9% interest from the date of the suit ie, 25.03.2021 till realisation.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- T.S.Baby
- Party Age
- 57
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- K.A.Asha
- Party Age
- 37
- Relation
- W/o
Plaintiffs Documents
Certificate issued by the Manager K.S.F.E Toll Branch, Office copy of Lawyer Notice, Certified copy of certificate and agreement issued by KSFE Toll Branch
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- B.Biju
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Sethu.M.N
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
The plaintiff is allowed to realise the plaint claim of Rs.4,22,500/- from the defendant with 9% interest.
Evidence:
In the result, the suit is decreed with costs as follows: The plaintiff is allowed to realise the plaint claim of Rs.4,22,500/- from the defendant with 9% interest from the date of the suit ie, 25.03.2021 till realisation.
Documents & Evidence
Document Type:
Certificate issued by the Manager K.S.F.E Toll Branch
Submitted By:
Plaintiff
Relevance:
This document evidences the salary attachment of the plaintiff for the recovery of the loan amount.
Reference:
Ext.A1
Document Type:
Office copy of lawyer notice
Submitted By:
Plaintiff
Relevance:
This document shows that the plaintiff issued a legal notice demanding repayment of the loan amount.
Reference:
Ext.A2
Document Type:
Certified copy of certificate and agreement issued by KSFE Toll Branch
Submitted By:
Plaintiff
Relevance:
This document is the loan agreement which confirms the loan taken by the defendant and the plaintiff's role as surety.
Reference:
Ext.A3
Case Classification
Case Type
Civil Suit
Category
Money and Loan Recovery
District
Kottayam
State
Kerala
Court Establishment
Munsiff Court Vaikom
Common Reasons
Non-payment of rent
Case Code
Case between T.S.Baby vs K.A.Asha regarding realisation of money
Case Code Year
Case between T.S.Baby vs K.A.Asha regarding realisation of money