Case Summary
The case involves L.K.B. Nidhi Public Ltd. seeking repayment of a loan given to Appukuttan M.A. The defendant defaulted on repayment despite multiple reminders.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Plaintiff is entitled to realize an amount of Rs.7,38,265/- from the defendant with interest.
Case Type
Civil Suit
Final Judgment
No
The court decreed in favor of the plaintiff, allowing the recovery of dues amounting to Rs.7,38,265/- from the defendant along with interest.
Why Plaintiff Won:
The plaintiff established their case through unrebutted evidence including agreements and exhibits.
The plaintiff established their case through unrebutted evidence including agreements and exhibits.
Losing Side's Weaknesses:
The plaintiff established their case through unrebutted evidence including agreements and exhibits.
The plaintiff established their case through unrebutted evidence including agreements and exhibits.
Supporting Evidence
The unrebutted oral testimony of PW1 and Exts. A1 to A11 established the case as pleaded by the plaintiff.
Judgment Evidence:
In the result, suit is decreed as follows. 1.Plaintiff is entitled to realize an amount of Rs.7,38,265/-...
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- L.K.B. Nidhi Public Ltd.
- Party Role
- Defendant
- Party Name
- Appukuttan M.A.
- Party Age
- 49
- Relation
- S/o
Plaintiffs Documents
Original term loan application, Loan agreement, Original letter evidencing deposit of title deeds, Original Sale deed No.3538/1979, Original certificate issued by President, Puthukkadu Grama Panchayath, Original possession, Location and Non-attachment certificate, Encumbrance certificate, Original basic tax receipt, Print out of loan account statement, Copy of legal notice, Original postal receipt, Original A/D card.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Devi. P. Prathapan
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff is entitled to realize an amount of Rs.7,38,265/- from the defendant and from his assets.
Evidence:
In the result, suit is decreed as follows. Plaintiff is entitled to realize an amount of Rs.7,38,265/- (Rupees seven lakhs thirty eight thousand two hundred and sixty five only) from the defendant and from his assets.
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff is entitled to realize interest @ 12% per annum for Rs.7,38,265/- from the date of suit till date decree from the defendant and from his assets.
Evidence:
Plaintiff is entitled to realize interest @ 12% per annum for Rs.7,38,265/- (Rupees seven lakhs thirty eight thousand two hundred and sixty five only) from the date of suit till date decree from the defendant and from his assets.
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff is entitled to realize interest @ 6% per annum for Rs.7,38,265/- from date of decree till date of realization from the defendant and from his assets.
Evidence:
Plaintiff is entitled to realize interest @ 6% per annum for Rs.7,38,265/- (Rupees seven lakhs thirty eight thousand two hundred and sixty five only) from date of decree till date of realization from the defendant and from his assets.
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff is entitled to realize costs of the suit from defendant and from his assets.
Evidence:
Plaintiff is entitled to realize costs of the suit from defendant and from his assets.
Documents & Evidence
Document Type:
Original term loan application
Submitted By:
Plaintiff
Relevance:
Filed as evidence of the loan agreement.
Reference:
Ext.A1(a)
Document Type:
Loan Agreement
Submitted By:
Plaintiff
Relevance:
Filed as evidence of the terms of the loan.
Reference:
Ext.A2(a)
Document Type:
Original letter evidencing deposit of title deeds
Submitted By:
Plaintiff
Relevance:
Filed to demonstrate the security for the loan.
Reference:
Ext.A3(a)
Document Type:
Original Sale Deed
Submitted By:
Plaintiff
Relevance:
Filed to prove ownership of the mortgaged property.
Reference:
Ext.A4(a)
Document Type:
Original certificate issued by President, Puthukkadu Grama Panchayath
Submitted By:
Plaintiff
Relevance:
Indicates legitimacy of the loan and its details.
Reference:
Ext.A5(a)
Document Type:
Original possession, Location and Non attachment certificate
Submitted By:
Plaintiff
Relevance:
Shows that the property is free from legal encumbrances.
Reference:
Ext.A6(a)
Document Type:
Encumbrance certificate
Submitted By:
Plaintiff
Relevance:
Confirms the absence of encumbrances on the property.
Reference:
Ext.A7(a)
Document Type:
Original basic Tax receipt
Submitted By:
Plaintiff
Relevance:
Demonstrates that property taxes are paid.
Reference:
Ext.A8(a)
Document Type:
Print out of loan account statement of defendant along with certification
Submitted By:
Plaintiff
Relevance:
Provides details on the outstanding amount due.
Reference:
Ext.A9 & A9(a)
Document Type:
Copy of legal notice
Submitted By:
Plaintiff
Relevance:
Filed to show the defendant was informed of the default.
Reference:
Ext.A10
Document Type:
Original Postal receipt
Submitted By:
Plaintiff
Relevance:
Proves delivery of the legal notice to the defendant.
Reference:
Ext.A11
Document Type:
Original A/D Card
Submitted By:
Plaintiff
Relevance:
Shows that the defendant received the legal notice.
Reference:
Ext.A12
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 L.K.B. Nidhi Public Ltd. vs Appukuttan M.A. regarding realization of money
Case Code Year
Case between L.K.B. Nidhi Public Ltd. vs Appukuttan M.A. regarding realization of money