Case Summary
Blassy Cambus is the plaintiff seeking recovery of Rs.2,57,030/- from P.Ancil, the defendant, who allegedly borrowed money under the assurance of repayment. The defendant has denied the allegations, claiming the money was related to construction for the plaintiff's brother.
Judgment Outcome
Judgment Favored
Defendant
Relief Granted
Case Type
Civil Suit
Final Judgment
No
The court found insufficient evidence to support the plaintiff's claim for the recovery of money, ruling in favor of the defendant.
Key Reasoning:
The plaintiff failed to prove a creditor-debtor relationship and provided insufficient evidence to support her claims.
The plaintiff failed to prove a creditor-debtor relationship and provided insufficient evidence to support her claims.
Why Defendant Won:
The plaintiff failed to prove a creditor-debtor relationship and provided insufficient evidence to support her claims.
The plaintiff failed to prove a creditor-debtor relationship and provided insufficient evidence to support her claims.
Supporting Evidence
The plaintiff has failed to prove her case by the yardstick of preponderance of probabilities. The defendant has succeeded in probabilizing his version before Court.
Judgment Evidence:
In the result, the suit is dismissed. No costs.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Blassy Cambus
- Party Age
- 60
- Relation
- D/o
- Party Role
- Defendant
- Party Name
- P.Ancil
- Party Age
- 72
Plaintiffs Documents
Bank passbook of Syndicate Bank, Vettucaud branch.
Defendants Documents
Reply Issued Under Right to Information Act, Details of Building Materials, Certified Copy of computer print of Statement of account.
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. B.Jayachandran Nair
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sri.K.S Satheeshkumar
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Refused
Description:
Plaintiff sought recovery of Rs.2,57,030/- from the defendant.
Evidence:
The plaintiff has failed to prove her case by the yardstick of preponderance of probabilities.
Documents & Evidence
Document Type:
Bank Passbook
Submitted By:
Plaintiff
Relevance:
Used to demonstrate the financial transactions between the plaintiff and the defendant.
Reference:
Ext.A1
Document Type:
Reply Issued Under Right to Information
Submitted By:
Defendant
Relevance:
Provided information related to the complaint filed regarding construction issues.
Reference:
Ext.B1
Document Type:
Details of Building Materials
Submitted By:
Defendant
Relevance:
Documented the materials related to the construction, relevant for the defendant's claims.
Reference:
Ext.B2
Document Type:
Certified Copy of Computer Print of Statement of Account
Submitted By:
Defendant
Relevance:
Brought evidence regarding financial transactions related to the construction of the house.
Reference:
Ext.B3
Document Type:
True Copy of Relevant Page of Petition Register Maintained at Valiyathura Police Station
Submitted By:
Court
Relevance:
Used to corroborate the existence of a complaint regarding house construction.
Reference:
Ext.X1
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Thiruvananthapuram
State
Kerala
Court Establishment
Munsiff Court Thiruvananthapuram
Common Reasons
Non-payment of rent
Case Code
Case between Blassy Cambus vs P.Ancil regarding realization of money
Case Code Year
Case between Blassy Cambus vs P.Ancil regarding realization of money