Case Summary
Varkey Mathew loaned Rs.5,00,000 to Peter Mathew, who then failed to repay it after the agreed period. The plaintiff alleges that the defendant has withheld the repayment, causing financial distress.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Defendants shall pay Rs.5,35,000/- along with interest @ 12% from the date of suit till the date of decree.
Case Type
Civil Suit
Final Judgment
No
Why Plaintiff Won:
The evidence showed that the defendant borrowed Rs.5,00,000/- from the plaintiff and failed to repay.
The evidence showed that the defendant borrowed Rs.5,00,000/- from the plaintiff and failed to repay.
Judgment Evidence:
In the result, suit is decreed as follows: 1) Defendants shall pay Rs.5,35,000/- (Rupees Five lakhs thirty five thousand only) along with interest @ 12% from the date of suit till the date of decree and 6% from the date of decree till payment or realization, as the case may be, to the plaintiff.
Parties Involved
Plaintiffs
Varkey Mathew @ K V Mathew (62 years)
Kocheril Veettil, Door No: 31/1600 A, Gandhijayanthi Road, Thammanam Kara, Poonithura Village, Kanayannur Taluk, Ernakulam District
Defendants
Peter Mathew (62 years)
Pulikkithadathil Veettil, Near Saint Peters Church, Elanji P O, Elanji Kara, Elanji Village, Muvattupuzha Taluk, Pin: 686665
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff sought recovery of Rs.5,00,000/- along with interest.
Evidence:
Hence issue no 1 is found in favour of plaintiff.
Relief Type:
Declaration
Outcome:
Granted
Description:
Defendants are liable to pay Rs.5,35,000/- along with interest and costs.
Evidence:
1) Defendants shall pay Rs.5,35,000/- (Rupees Five lakhs thirty five thousand only) along with interest @ 12 % from the date of suit till the date of decree and 6% from the date of decree till payment or realization.
Documents & Evidence
Document Type:
Bank Account statement
Submitted By:
Plaintiff
Relevance:
Produced to show that the plaintiff had sufficient funds and to support his claim of lending Rs.5,00,000/- to the defendant.
Reference:
Ext.A1
Document Type:
Bank Account statement
Submitted By:
Defendant
Relevance:
Produced to support the defendant's contention about prior loans given to the plaintiff.
Reference:
Ext.B1
Document Type:
Original account statement
Submitted By:
Unknown
Relevance:
Marked to illustrate the transactions showing the transfer of Rs.5,00,000/- from the plaintiff to the defendant.
Reference:
Ext.X1
Document Type:
Cheque transaction
Submitted By:
Unknown
Relevance:
Illustrates the specific cheque used for the transaction of Rs.5,00,000/-.
Reference:
Ext.X1(a)
Document Type:
Bank Account statement
Submitted By:
Unknown
Relevance:
Marked to show the defendant's financial activities, but not evidencing a loan to the plaintiff.
Reference:
Ext.X2
Document Type:
Oral Evidence
Submitted By:
Plaintiff
Relevance:
Plaintiff testified in accordance with his claims.
Reference: