Case Summary
Biju John, the sole proprietor of Srambickal Finance, is suing Baiju K K and Mini Baiju for the recovery of a loan amounting to ₹21,637. The defendants defaulted on repayment despite earlier compliance.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Defendants to pay ₹21,637 with interest at the rate of 6% per annum from the date of decree till realization.
Case Type
Civil Suit
Final Judgment
No
The suit is decreed in favor of the plaintiff, ordering the defendants to pay ₹21,637 with interest at the rate of 6% per annum and costs.
Why Plaintiff Won:
The plaint averments and evidence established the plaintiff's case without rebuttal from the defendants.
The plaint averments and evidence established the plaintiff's case without rebuttal from the defendants.
Losing Side's Weaknesses:
The plaint averments and evidence established the plaintiff's case without rebuttal from the defendants.
The plaint averments and evidence established the plaintiff's case without rebuttal from the defendants.
Supporting Evidence
The plaint averments, affidavit and the documents would establish the case of the plaintiff. There is no evidence to rebut the evidence adduced on the side of the plaintiff.
Judgment Evidence:
In the result, the suit is decreed as follows; 1.It is ordered that the defendant to pay to the plaintiff the sum of 21,637/- (Rupees twenty one thousand six hundred and thirty seven only) with interest thereon at the rate of 6% per annum from the date of decree till its realization.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Biju John
- Party Age
- 48
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Baiju K K
- Party Age
- 55
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Mini Baiju
- Party Age
- 51
- Relation
- W/o
Plaintiffs Documents
Copy of Power of Attorney, Receipt, Demand Promissory Note, Certificate, Lawyers Notice, Postal Receipt, AD Card.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Francis Jacob K
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Shalini Thomas Thelly
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff is entitled to recover the sum of 21,637/- from the defendants.
Evidence:
It is ordered that the defendant to pay to the plaintiff the sum of 21,637/- (Rupees twenty one thousand six hundred and thirty seven only) with interest thereon at the rate of 6% per annum from the date of decree till its realization.
Relief Type:
Costs
Outcome:
Granted
Description:
Plaintiff is entitled to recover costs from the defendants.
Evidence:
The plaintiff is entitled to realise the costs from the defendants.
Documents & Evidence
Document Type:
Power of Attorney
Submitted By:
Plaintiff
Relevance:
This document establishes the authority of Regha P. Nair to represent the plaintiff.
Reference:
Ext.A1
Document Type:
Receipt
Submitted By:
Plaintiff
Relevance:
This document serves as proof of a payment made by the defendants.
Reference:
Ext.A2
Document Type:
Demand Promissory Note
Submitted By:
Plaintiff
Relevance:
This note evidences the loan agreement between the plaintiff and defendants.
Reference:
Ext.A3
Document Type:
Certificate
Submitted By:
Plaintiff
Relevance:
This document likely certifies details pertinent to the loan or plaintiff's claims.
Reference:
Ext.A4
Document Type:
Lawyers notice
Submitted By:
Plaintiff
Relevance:
This notice was sent to the defendants regarding the overdue loan.
Reference:
Ext.A5
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
This document proves mailing of the lawyer's notice to the defendants.
Reference:
Ext.A6
Document Type:
AD card
Submitted By:
Plaintiff
Relevance:
This card is evidence of the delivery of the lawyer's notice to the defendants.
Reference:
Ext.A7
Case Classification
Case Type
Civil Suit
Category
Money and Loan Recovery
District
Kottayam
State
Kerala
Court Establishment
Munsiff Court, Kottayam
Common Reasons
Non-payment of rent
Case Code
Case between Biju John vs Baiju K K et al regarding Suit for realisation of money.
Case Code Year
Case between Biju John vs Baiju K K et al regarding Suit for realisation of money.