Case Summary
Plaintiff Yahutty alleged defendant Abdurahiman borrowed Rs. 10,00,000 but failed to repay, leading to a lawsuit for money realisation based on a dishonored cheque.
Judgment Outcome
Judgment Favored
Defendant
Relief Granted
Not Decided
Case Type
Civil Suit - Money Realisation
Final Judgment
No
The court dismissed the suit filed by Yahutty against Abdurahiman @ Kunhippa for money realisation with costs.
Key Reasoning:
The execution of the cheque was not proven by the plaintiff according to the evidence provided.
The execution of the cheque was not proven by the plaintiff according to the evidence provided.
Why Defendant Won:
The execution of the cheque was not proven by the plaintiff according to the evidence provided.
The execution of the cheque was not proven by the plaintiff according to the evidence provided.
Supporting Evidence
The execution of Ext.A1 cheque was specifically denied by the defendant, shifting the burden of proof to the plaintiff.
Judgment Evidence:
No evidence was provided to prove the due execution of the cheque.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Yahutty
- Relation
- S/o Muhammed
- Party Role
- Defendant
- Party Name
- Abdurahiman @ Kunhippa
- Relation
- S/o Muhammed
Plaintiffs Documents
Ext.A1: Cheque No.727318, Ext.A2: Memo
Defendants Documents
Ext.B1: Notary attested copy of Passport, Ext.B2: Passbook from South Indian Bank
Advocates
Reliefs
Relief Type:
Unknown
Outcome:
Not Decided
Description:
Realisation of money
Evidence:
No evidence provided to support realization of money.
Documents & Evidence
Document Type:
Cheque
Submitted By:
Plaintiff
Relevance:
Alleged to have been dishonored when presented
Reference:
Ext.A1: Cheque No.727318
Document Type:
Memo
Submitted By:
Plaintiff
Relevance:
Related to the case
Reference:
Ext.A2: Memo
Document Type:
Passport Copy
Submitted By:
Defendant
Relevance:
Submitted by the defendant
Reference:
Ext.B1: Notary attested copy of Passport
Document Type:
Bank Passbook
Submitted By:
Defendant
Relevance:
Provided by the defendant
Reference:
Ext.B2: Passbook from South India Bank
Case Classification
Case Type
Civil Suit - Money Realisation
Category
Money and Loan Recovery
District
Malappuram
State
Kerala
Court Establishment
Munsiff Court, Tirur / Rent Control Court
Common Reasons
Case Code
Case between Yahutty vs Abdurahiman @ Kunhippa regarding money realisation
Case Code Year
Case between Yahutty vs Abdurahiman @ Kunhippa regarding money realisation
Case Flags
Cheque-Related Case
Nature of Cheque Case
Unknown