Case Summary
The plaintiffs, Jayakumar and Sheeja P.V., filed a suit against the defendants, Kamala and others, for the recovery of a loan amount with interest. The court found in favor of the plaintiffs after the defendants failed to appear.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The defendants shall pay jointly and severally an amount of Rs.53,130/- with future interest.
Case Type
Original Suit
Final Judgment
No
The court ordered the defendants to pay the plaintiffs an amount of Rs.53,130/- along with interest. The plaintiffs successfully proved their case due to the defendants' failure to repay the loan.
Why Plaintiff Won:
The plaintiff successfully proved the loan agreement and the defendants' failure to repay.
The plaintiff successfully proved the loan agreement and the defendants' failure to repay.
Losing Side's Weaknesses:
The plaintiff successfully proved the loan agreement and the defendants' failure to repay.
The plaintiff successfully proved the loan agreement and the defendants' failure to repay.
Supporting Evidence
The evidence of PW1, supported by the documentary evidence, stands unchallenged. As such this court finds that the plaintiff has succeeded to prove the case and the plaintiff bank is entitled to a decree as prayed for.
Judgment Evidence:
In the result, the suit is decreed as follows: 1) The defendants shall pay jointly and severally an amount of Rs.53,130/- with future interest thereon @ 11% compounded monthly interest from the date of suit till the date of decree and with future interest at the rate of 6% from the date of decree till realisation of the decree amount.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Jayakumar
- Party Age
- 52
- Relation
- S/o
- Party Role
- Plaintiff
- Party Name
- Sheeja P.V.
- Party Age
- 47
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Kamala
- Party Age
- 67
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Bijoy K.P.
- Party Age
- 40
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Biroy K.P. (Died)
- Party Age
- 38
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Bimal Roy K.P.
- Party Age
- 36
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Vipa
- Party Age
- 39
- Relation
- W/o
Plaintiffs Documents
Loan application submitted before Kerala Gramin Bank Branch Chamal by Shyju K.P. and Leela, Memorandum of agreement for agricultural loan entered into between Kerala Gramin Bank and Shyju K.P.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. A. Girish Kumar
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
The suit for recovery of the due loan amount from the defendants.
Evidence:
In the result, the suit is decreed as follows: 1) The defendants shall pay jointly and severally an amount of Rs.53,130/- with future interest thereon @ 11% compounded monthly interest from the date of suit till the date of decree and with future interest at the rate of 6% from the date of decree till realisation of the decree amount.
Documents & Evidence
Document Type:
Loan Application
Submitted By:
Plaintiff
Relevance:
Document submitted by the defendants to apply for an agricultural loan.
Reference:
Ext.A1
Document Type:
Memorandum of Agreement for Agricultural Loan
Submitted By:
Plaintiff
Relevance:
Agreement outlining the terms of the agricultural loan taken by the defendants.
Reference:
Ext.A2
Document Type:
Special Power of Attorney
Submitted By:
Plaintiff
Relevance:
Document granting authority to Shyju K.P. by Leela to act on her behalf.
Reference:
Ext.A3
Document Type:
Loan Sanction communication
Submitted By:
Plaintiff
Relevance:
Official communication from the bank sanctioning the loan.
Reference:
Ext.A4
Document Type:
Statement of Account
Submitted By:
Plaintiff
Relevance:
Account statement showing the outstanding amount due from the defendants.
Reference:
Ext.A5
Case Classification
Case Type
Original Suit
Category
Money and Loan Recovery
District
Kozhikode
State
Kerala
Court Establishment
Munsiff Court 1 Kozhikode
Common Reasons
Non-payment of rent
Case Code
Case between Jayakumar et al vs Kamala et al regarding Suit for realisation of money.
Case Code Year
Case between Jayakumar et al vs Kamala et al regarding Suit for realisation of money.