Case Summary
The plaintiff, Nisar, is seeking repayment of a loan of Rs. 2,00,000 borrowed by the defendant, Shailaja Beegam, with a promissory note. The defendant claims that the note was never executed and contests the plaintiff's accusations.
Judgment Outcome
Judgment Favored
Defendant
Relief Granted
Case Type
Civil Suit
Final Judgment
No
The court dismissed the suit, finding that the plaintiff could not establish that the defendant had any money transaction with him or that the promissory note was executed by her.
Key Reasoning:
The plaintiff failed to prove that the defendant executed the promissory note or that a loan transaction took place.
The plaintiff failed to prove that the defendant executed the promissory note or that a loan transaction took place.
Why Defendant Won:
The plaintiff failed to prove that the defendant executed the promissory note or that a loan transaction took place.
The plaintiff failed to prove that the defendant executed the promissory note or that a loan transaction took place.
Supporting Evidence
The plaintiff could not establish any money transaction between the plaintiff and the defendant, nor prove the signature on the promissory note was made by the defendant.
Judgment Evidence:
In the result, the suit is dismissed with costs to the defendant.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Nisar
- Party Age
- 50
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Shailaja Beegam
- Party Age
- 42
- Relation
- W/o
Plaintiffs Documents
Original Promissory Note, Copy of legal Notice, Postal receipt, Returned postal cover
Defendants Documents
Copy of the front page of passport
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Adv. Anoob. K. Basheer
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Adv.Ramlath. M.
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Rejected
Description:
Plaintiff sought recovery of Rs.2,00,000/- from the defendant.
Evidence:
The plaintiff could not establish any money transaction between the plaintiff and the defendant.
Documents & Evidence
Document Type:
Promissory Note
Submitted By:
Plaintiff
Relevance:
The document evidences the alleged loan agreement between the plaintiff and the defendant.
Reference:
Ext.A1
Document Type:
Legal Notice
Submitted By:
Plaintiff
Relevance:
This notice was sent to the defendant demanding repayment of the borrowed amount.
Reference:
Ext.A2
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
Serves as proof of sending the legal notice to the defendant.
Reference:
Ext.A3
Document Type:
Returned Postal cover
Submitted By:
Plaintiff
Relevance:
This document shows that the defendant evaded receipt of the legal notice.
Reference:
Ext.A4
Document Type:
Passport
Submitted By:
Defendant
Relevance:
Utilized by the defendant to challenge the authenticity of signatures on the promissory note.
Reference:
Ext.B1
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Kollam
State
Kerala
Court Establishment
Munsiff Court Kollam
Common Reasons
Case Code
Case between Nisar vs Shailaja Beegam regarding realisation of money
Case Code Year
Case between Nisar vs Shailaja Beegam regarding realisation of money