Case Summary
K. J. Celine filed a suit against Ameer. T. T for the recovery of a loan amount of Rs.1,00,000/- which was borrowed on three occasions. The defendant failed to repay the loan and lodged a false complaint against the plaintiff.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Plaintiff shall be entitled to realize Rs.1,24,000/- with interest at the rate of 12 percent from the date of suit till date of decree.
Case Type
Civil Suit
Final Judgment
No
The suit was decreed in favor of the plaintiff, awarding her Rs.1,24,000/- with interest from the date of the suit until realization.
Why Plaintiff Won:
The case of the plaintiff was proved by the unchallenged testimony and evidence presented.
The case of the plaintiff was proved by the unchallenged testimony and evidence presented.
Losing Side's Weaknesses:
The case of the plaintiff was proved by the unchallenged testimony and evidence presented.
The case of the plaintiff was proved by the unchallenged testimony and evidence presented.
Supporting Evidence
The case of the plaintiff is proved by the unchallenged testimony of the PW1 and the documents produced by her.
Judgment Evidence:
In the result, the suit is decreed as follows: 1) The plaintiff shall be entitled to realize Rs.1,24,000/- (Rupees one lakh twenty four thousand only) from the defendant with interest at the rate of 12 per cent from date of suit till date of decree...
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- K. J. Celine
- Party Age
- 53
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Ameer. T. T
- Party Age
- 52
- Relation
- S/o
Plaintiffs Documents
Cheque bearing No.000004 drawn on Bank of Baroda, Koyilandy Branch, Lawyer notice, Postal receipt, Acknowledgment card
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. P. K. Dharmaraj
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Adv. Muhammed Rajif
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Adv. Riwarus P. T
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
The plaintiff is entitled to recover Rs.1,24,000/- from the defendant with specified interest.
Evidence:
In the result, the suit is decreed as follows: 1) The plaintiff shall be entitled to realize Rs.1,24,000/- (Rupees one lakh twenty four thousand only) from the defendant with interest at the rate of 12 per cent from date of suit till date of decree and with future interest at the rate of 6 per cent from the date of decree till date of realization.
Relief Type:
Costs
Outcome:
Granted
Description:
The defendant shall pay costs of the proceedings to the plaintiff.
Evidence:
2) The defendant shall pay costs of the proceedings to the plaintiff.
Documents & Evidence
Document Type:
Cheque
Submitted By:
Plaintiff
Relevance:
The cheque was issued by the defendant to the plaintiff for repayment of the borrowed amount.
Reference:
Ext.A1
Document Type:
Lawyer Notice
Submitted By:
Plaintiff
Relevance:
The lawyer notice was sent to the defendant regarding the cheque and repayment.
Reference:
Ext.A2
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
This document serves as proof of sending the lawyer notice.
Reference:
Ext.A2(a)
Document Type:
Acknowledgment Notice
Submitted By:
Plaintiff
Relevance:
This document confirms the receipt of the lawyer notice by the defendant.
Reference:
Ext.A3
Case Classification
Case Type
Civil Suit
Category
Money and Loan Recovery
District
Kozhikode
State
Kerala
Court Establishment
Munsiff Court 2 Kozhikode
Common Reasons
Recovery of money
Case Code
Case between K. J. Celine vs Ameer. T. T regarding realization of money
Case Code Year
Case between K. J. Celine vs Ameer. T. T regarding realization of money
Case Flags
Cheque-Related Case
Nature of Cheque Case
Cheque Dishonour under Section 138 N.I. Act