Case Summary
The case involves the Kerala Gramin Bank suing the defendants for the recovery of a loan amount that was not repaid. The defendants are the legal heirs of a deceased borrower, Smt. Susheela.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The plaintiff is entitled to realise an amount of Rs.61,455.42/- with interest from the defendants.
Case Type
Civil Suit
Final Judgment
No
The court decreed that the plaintiff is entitled to recover the amount owed by the defendants. The defendants were found liable for the debt of the deceased, and the court ordered repayment.
Why Plaintiff Won:
The evidence clearly established that the defendants are indebted to the plaintiff bank.
The evidence clearly established that the defendants are indebted to the plaintiff bank.
Losing Side's Weaknesses:
The evidence clearly established that the defendants are indebted to the plaintiff bank.
The evidence clearly established that the defendants are indebted to the plaintiff bank.
Supporting Evidence
The evidence clearly established that the defendants are indebted to the plaintiff bank. There is no contra evidence to prove otherwise.
Judgment Evidence:
In the result, the suit is decreed as follows: i. The plaintiff is entitled to realise an amount of Rs.61,455.42/- with interest at the rate of 13% per annum from the date of suit till the date of decree.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Indhu P. Kumar
- Party Age
- 36
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Sathyan. A
- Party Age
- 67
- Party Role
- Defendant
- Party Name
- Sajimon. S
- Party Age
- 38
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Sanula. S
- Party Age
- 36
- Relation
- D/o
Plaintiffs Documents
Loan application dated 26/03/2011, Memorandum of agreement dated 16/04/2011, Copy of death certificate of Smt. Susheela.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- A. Abdul Khalam
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
The plaintiff is entitled to recover the amount of Rs. 61,455.42/- from the defendants.
Evidence:
the plaintiff is entitled to realise an amount of Rs. 61,455.42/- (Rupees Sixty One Thousand Four Hundred and Fifty Five and Forty Two Paise only) from the defendants to the extent of the property of the deceased which has come to their hands.
Relief Type:
Costs
Outcome:
Granted
Description:
Costs shall follow the event as per the suit's ruling.
Evidence:
the plaintiff was constrained to sue for the amount that is legally due to him. Hence, there is no reason to deviate from the rule 'costs shall follow the event'.
Documents & Evidence
Document Type:
Loan Application
Submitted By:
Plaintiff
Relevance:
Proves the request for the loan made by Smt. Susheela.
Reference:
Ext.A2
Document Type:
Memorandum of Agreement
Submitted By:
Plaintiff
Relevance:
Documents the agreement regarding the loan sanctioned to the plaintiff.
Reference:
Ext.A3
Document Type:
Original Receipt
Submitted By:
Plaintiff
Relevance:
Confirms the receipt of the loan amount of Rs. 20,000/-.
Reference:
Ext.A4
Document Type:
Copy of Death Certificate
Submitted By:
Plaintiff
Relevance:
Establishes the death of Smt. Susheela.
Reference:
Ext.A5
Document Type:
Acknowledgment of Debt
Submitted By:
Plaintiff
Relevance:
Confirms the acknowledgment of the debt by the defendants after Smt. Susheela's death.
Reference:
Ext.A6 to A9
Document Type:
Demand Notice
Submitted By:
Plaintiff
Relevance:
Shows the formal demand for repayment made to the defendants.
Reference:
Ext.A10
Document Type:
Postal Receipts
Submitted By:
Plaintiff
Relevance:
Evidence of the demand notice being sent to the defendants.
Reference:
Ext.A11
Document Type:
Acknowledgment card
Submitted By:
Plaintiff
Relevance:
Confirms receipt of the demand notice by the defendants.
Reference:
Ext.A12
Document Type:
Settlement of account
Submitted By:
Plaintiff
Relevance:
Details the account status of the plaintiff against the defendants.
Reference:
Ext.A13
Case Classification
Case Type
Civil Suit
Category
Money and Loan Recovery
District
Kollam
State
Kerala
Court Establishment
Munsiff Court Kollam
Common Reasons
Recovery of money
Case Code
Case between Kerala Gramin Bank vs Sathyan. A et al regarding realisation of money
Case Code Year
Case between Kerala Gramin Bank vs Sathyan. A et al regarding realisation of money