Case Summary
The case involves Vidyarthadayini Sabha seeking to recover money from the defendants, Deepa Sojan and Sojan, for defaults on chitty agreements. The defendants failed to appear in court and were set exparte.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Rs.4,42,500/- along with interest @12% per annum from the date of suit till the date of decree
Case Type
Civil Suit
Final Judgment
No
Why Plaintiff Won:
Plaintiff established a case for recovery under valid agreements and demonstrated the defendants' defaults.
Plaintiff established a case for recovery under valid agreements and demonstrated the defendants' defaults.
Judgment Evidence:
In the result, suit is decreed as follows: Defendants shall pay Rs.4,42,500 /- (Rupees Four lakhs forty two thousand five hundred only) along with interest @12% per annum from the date of suit till the date of decree...
Parties Involved
Plaintiffs
Vidyarthadayini Sabha (Age not specified years)
Paliyamthuruthu Desam, Mettala Village, Kodugalloor Taluk
Vidyarthadayini Sabha (61 years)
Eeswaramangalath, Paliyamthuruth desom, Mettala Village, Kodugalloor Taluk
Vidyarthadayini Sabha (61 years)
Paliyamthuruth desom, Mettala Village, Kodugalloor Taluk
Defendants
Deepa Sojan (45 years)
Pularikkuzhi house, Kulayattikara Desom, Kulayattikara Village, Kanayannur Taluk, Maarithazham.P.O., Pin 682 315
Sojan (48 years)
Pularikkuzhi house, Kulayattikara Desom, Kulayattikara Village, Kanayannur Taluk, Maarithazham.P.O., Pin 682 315
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Defendants shall pay Rs.4,42,500/- along with interest @12% per annum from the date of suit till the date of decree.
Evidence:
In the result, suit is decreed as follows: Defendants shall pay Rs.4,42,500 /- (Rupees Four lakhs forty two thousand five hundred only) along with interest @12% per annum from the date of suit till the date of decree
Relief Type:
Other
Outcome:
Granted
Description:
Defendants shall be personally and their assets shall also be liable to satisfy the decree debt.
Evidence:
Defendants shall be personally and their assets shall also be liable to satisfy the decree debt.
Relief Type:
Other
Outcome:
Granted
Description:
Plaintiff is also entitled to realize the costs of the suit.
Evidence:
Plaintiff is also entitled to realize the costs of the suit.
Documents & Evidence
Document Type:
Chit Agreement
Submitted By:
Plaintiff
Relevance:
Certified copy of the chit agreement dated 07.08.2013.
Reference:
Ext.A1
Document Type:
Chit Agreement
Submitted By:
Plaintiff
Relevance:
Certified copy of the chit agreement dated 17.04.2014.
Reference:
Ext.A2
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
Certified copy of deed No.1082/2013 of Mulamthuruthy SRO, which is deposited with the plaintiff institution.
Reference:
Ext.A3
Document Type:
Confirmation letter
Submitted By:
Plaintiff
Relevance:
Copy of confirmation letter given by the defendants to the plaintiff – sabha of depositing the title deed.
Reference:
Ext.A4
Document Type:
Confirmation letter
Submitted By:
Plaintiff
Relevance:
Copy of confirmation letter given by the defendants to the plaintiff – sabha of depositing the title deed.
Reference:
Ext.A4(a)
Document Type:
Lawyer Notice
Submitted By:
Plaintiff
Relevance:
Copy of lawyer notice bearing reference No.53/2019 issued to defendants.
Reference:
Ext.A5
Document Type:
Lawyer Notice
Submitted By:
Plaintiff
Relevance:
Copy of lawyer notice bearing reference No.52/2019.
Reference:
Ext.A5(a)
Document Type:
Acknowledgment card
Submitted By:
Plaintiff
Relevance:
Copy of acknowledgment card signed by 1st defendant.
Reference:
Ext.A6
Document Type:
Acknowledgment card
Submitted By:
Plaintiff
Relevance:
Copy of acknowledgment card signed by 1st defendant.
Reference:
Ext.A6(a)
Document Type:
Acknowledgment card
Submitted By:
Plaintiff
Relevance:
Copy of acknowledgment card signed by 2nd defendant.
Reference:
Ext.A7
Document Type:
Acknowledgment card
Submitted By:
Plaintiff
Relevance:
Copy of acknowledgment card signed by 2nd defendant.
Reference:
Ext.A7(a)
Document Type:
Oral Evidence
Submitted By:
Unknown
Relevance:
Secretary of plaintiff - Sabha was examined as PW1.
Reference: