Case Summary
The plaintiff, Devaki Amma, and the defendant, Lekshmi. P. Nambiyar, are neighbors. The case involves a suit for recovery of money borrowed by the defendant from the plaintiff.
Judgment Outcome
Judgment Favored
Defendant
Relief Granted
Case Type
Civil Suit
Final Judgment
No
The plaintiff's suit for recovery of money was dismissed as the court found insufficiency in the evidence presented.
Key Reasoning:
The execution of the promissory note was not proven adequately.
The execution of the promissory note was not proven adequately.
Why Defendant Won:
The execution of the promissory note was not proven adequately.
The execution of the promissory note was not proven adequately.
Supporting Evidence
The oral and documentary evidence adduced by PW1 does not prove that an amount of 1,70,775/- is due from the defendant.
Judgment Evidence:
In the result; the suit is dismissed. No costs.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Devaki Amma
- Party Age
- 60
- Relation
- D/o
- Party Role
- Defendant
- Party Name
- Lekshmi. P. Nambiyar
- Relation
- D/o
Plaintiffs Documents
Original promissory note dated 01.06.2020, Copy of legal notice dated 17.09.2021, Postal receipt dated 17.09.2021, Acknowledgment Card
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri.S.Sheeja
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Sri.Arjoth. S. Iyer
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Refused
Description:
The plaintiff sought recovery of an amount of 1,70,775/- along with interest from the defendant.
Evidence:
In the light of discussions in the forgoing point, this court is of the view that the plaintiff is not entitled to get the reliefs as prayed for against the defendant.
Documents & Evidence
Document Type:
Promissory Note
Submitted By:
Plaintiff
Relevance:
The original promissory note allegedly executed by the defendant to acknowledge the borrowed amount.
Reference:
Ext.A1
Document Type:
Legal Notice
Submitted By:
Plaintiff
Relevance:
Legal notice issued by the plaintiff demanding repayment of the borrowed amount along with interest.
Reference:
Ext.A2
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
Postal receipt proving the sending of the legal notice to the defendant.
Reference:
Ext.A3
Document Type:
Acknowledgment card
Submitted By:
Plaintiff
Relevance:
Acknowledgment card confirming the receipt of the legal notice by the defendant.
Reference:
Ext.A4
Case Classification
Case Type
Civil Suit
Category
Money and Loan Recovery
District
Thiruvananthapuram
State
Kerala
Court Establishment
Munsiff Court Thiruvananthapuram
Common Reasons
Recovery of money
Case Code
OS.NO.
Case Code Year
2022