Case Summary
The plaintiffs, C.K Kesavan Nair and Sabu Devassy.K, are suing the defendant, Bindu Vimal, for the recovery of money related to a mortgage agreement. The plaintiffs claim they have provided the agreed sums but have not received possession of the property as per the terms.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The 1st plaintiff is allowed to recover a sum of Rs.4,00,000 and the 2nd plaintiff is allowed to recover a sum of Rs.5,00,000 together with interest.
Case Type
Civil Suit
Final Judgment
No
The court decreed in favor of the plaintiffs, allowing them to recover the stipulated amounts plus interest from the defendant. The decision was based on the uncontested evidence presented by the plaintiffs.
Why Plaintiff Won:
The plaintiffs provided sufficient evidence of the mortgage agreement and the payments made, which were acknowledged by the defendant.
The plaintiffs provided sufficient evidence of the mortgage agreement and the payments made, which were acknowledged by the defendant.
Losing Side's Weaknesses:
The plaintiffs provided sufficient evidence of the mortgage agreement and the payments made, which were acknowledged by the defendant.
The plaintiffs provided sufficient evidence of the mortgage agreement and the payments made, which were acknowledged by the defendant.
Supporting Evidence
From the unrebutted evidence of PW1 and from Exts.A1 to A9 documents the plaint averments stands proved. Hence the plaintiffs are entitled to get a decree as prayed for.
Judgment Evidence:
In the result, suit is decreed as follows: A) The 1st plaintiff is allowed to recover a sum of Rs.4,00,000 and 2nd plaintiff is allowed to recover a sum of Rs.5,00,000 together with interest.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- C.K Kesavan Nair @ C.K.K.Nair
- Party Age
- 85
- Relation
- S/o
- Party Role
- Plaintiff
- Party Name
- Sabu Devassy.K
- Party Age
- 59
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Bindu Vimal
- Party Age
- 45
- Relation
- W/o
Plaintiffs Documents
Mortgage Agreement dated 05.12.2022, Cheque No.155253 dated 15.02.2023, Cheque No.155252 dated 28.01.2023, Cheque dishonor memo dated 13.03.2023, Office copy of lawyer notice dated 29.03.2023.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- K.B Rajesh
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Aswathy Jayachandran
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
The plaintiffs are allowed to recover Rs.4,00,000 from the defendant.
Evidence:
The 1st plaintiff is allowed to recover a sum of Rs.4,00,000 (Rupees Four lakhs only) and 2nd plaintiff is allowed to recover a sum of Rs.5,00,000 (Rupees Five lakhs only) together with interest at the rate of 9% per annum from the date of suit till the date of decree.
Relief Type:
Recovery
Outcome:
Granted
Description:
The plaintiffs are entitled to recover additional sums with interest.
Evidence:
The plaintiffs are also entitled to get the costs of the suit from the defendant.
Documents & Evidence
Document Type:
Mortgage Agreement
Submitted By:
Plaintiff
Relevance:
This document confirms the mortgage agreement between the plaintiffs and the defendant regarding the property.
Reference:
Ext.A1
Document Type:
Cheque
Submitted By:
Plaintiff
Relevance:
This cheque was issued by the defendant in favor of the 1st plaintiff and is relevant to the claim.
Reference:
Ext.A2
Document Type:
Cheque
Submitted By:
Plaintiff
Relevance:
This cheque was issued by the defendant in favor of the 2nd plaintiff and is relevant to the claim.
Reference:
Ext.A3
Document Type:
Cheque dishonor memo
Submitted By:
Plaintiff
Relevance:
This document indicates that the cheque for Rs.4,00,000 issued by the defendant was dishonored.
Reference:
Ext.A4
Document Type:
Cheque dishonor memo
Submitted By:
Plaintiff
Relevance:
This document indicates that the cheque for Rs.5,00,000 issued by the defendant was dishonored.
Reference:
Ext.A5
Document Type:
Office copy of lawyer notice
Submitted By:
Plaintiff
Relevance:
The lawyer notice was sent to the defendant regarding the dishonored cheques.
Reference:
Ext.A6
Document Type:
Office copy of lawyer notice
Submitted By:
Plaintiff
Relevance:
This document is another lawyer notice related to the case.
Reference:
Ext.A7
Document Type:
Returned Postal cover
Submitted By:
Plaintiff
Relevance:
This document supports the claim that the lawyer notice was not received by the defendant.
Reference:
Ext.A8
Document Type:
Returned Postal cover
Submitted By:
Plaintiff
Relevance:
This document corroborates the delivery issues regarding the lawyer notice sent to the defendant.
Reference:
Ext.A9
Case Classification
Case Type
Civil Suit
Category
Money and Loan Recovery
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Common Reasons
Recovery of money
Case Code
Case between C.K Kesavan Nair @ C.K.K.Nair et al vs Bindu Vimal regarding realisation of money
Case Code Year
Case between C.K Kesavan Nair @ C.K.K.Nair et al vs Bindu Vimal regarding realisation of money
Case Flags
Cheque-Related Case
Nature of Cheque Case
Cheque Dishonour under Section 138 N.I. Act