Case Summary
Hassan Koya is the plaintiff who filed a suit against his brother-in-law Haris. V for the repayment of a loan of Rs.3,00,000 borrowed for expanding a bakery business. The defendant failed to repay the amount despite assurances.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Rs.3,17,835 with future interest at 12% per annum and costs of the suit.
Case Type
Civil Suit
Final Judgment
No
The suit is decreed in favor of the plaintiff, directing the defendant to pay a total of Rs.3,17,835 with interest. The plaintiff is also entitled to realize costs.
Why Plaintiff Won:
The plaintiff proved his case as the evidence remained unchallenged.
The plaintiff proved his case as the evidence remained unchallenged.
Losing Side's Weaknesses:
The plaintiff proved his case as the evidence remained unchallenged.
The plaintiff proved his case as the evidence remained unchallenged.
Supporting Evidence
The evidence of PW1 and the documents produced by him remains unchallenged. As such, I find that the plaintiff had proved his case and is entitled to a decree as prayed for.
Judgment Evidence:
In the result, suit is decreed as follows: 1)The defendant is directed to pay an amount of Rs.3,17,835/- (Rupees three lakhs seventeen thousand eight hundred and thirty five only) with future interest at 12% per annum from the date of suit till the date of decree and with interest @ 6% per annum from the date of decree till its realization to the plaintiff.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Hassan Koya
- Party Age
- 34
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Haris. V
- Party Age
- 36
- Relation
- S/o
Plaintiffs Documents
Lease agreement (Ext.A1), Legal notice (Ext.A2), Postal receipt (Ext.A3), Undelivered postal cover (Ext.A4)
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. Unni Krishnan Puthalath
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sri. Shaji. M. V
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
The defendant is directed to pay an amount of Rs.3,17,835/- to the plaintiff.
Evidence:
In the result, suit is decreed as follows: 1) The defendant is directed to pay an amount of Rs.3,17,835/- (Rupees three lakhs seventeen thousand eight hundred and thirty five only) with future interest at 12% per annum from the date of suit till the date of decree...
Relief Type:
Recovery
Outcome:
Granted
Description:
The plaintiff is entitled to realize costs of the suit from the defendant.
Evidence:
The plaintiff is also entitled to realize costs of the suit from the defendant.
Documents & Evidence
Document Type:
Lease Agreement
Submitted By:
Plaintiff
Relevance:
Executed agreement between defendant and petitioner outlining the terms for repayment of the borrowed amount.
Reference:
Ext.A1
Document Type:
Legal Notice
Submitted By:
Plaintiff
Relevance:
Copy of the legal notice sent by the petitioner's counsel to the defendant demanding repayment.
Reference:
Ext.A2
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
Original postal receipt confirming the sending of the legal notice.
Reference:
Ext.A3
Document Type:
Undelivered Postal Cover
Submitted By:
Plaintiff
Relevance:
Evidence of the undelivered legal notice sent to the defendant.
Reference:
Ext.A4
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Kozhikode
State
Kerala
Court Establishment
Munsiff Court 2 Kozhikode
Common Reasons
Recovery of money
Case Code
Case between Hassan Koya vs Haris. V regarding realisation of money
Case Code Year
Case between Hassan Koya vs Haris. V regarding realisation of money