Case Summary
Kerala Gramin Bank filed a suit against Aji for the recovery of a personal loan amounting to Rs.3,92,804. The defendant failed to repay the loan despite repeated demands, leading to the bank seeking legal remedy.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Plaintiff is entitled to realise an amount of Rs.3,92,804/- with 6% interest from the date of suit till the date of realization and cost of the suit
Case Type
Civil Suit
Final Judgment
No
The court ruled in favor of the plaintiff, allowing them to recover the loan amount along with interest.
Why Plaintiff Won:
The plaintiff established its case warranting the grant of relief sought for based on uncontroverted testimony.
The plaintiff established its case warranting the grant of relief sought for based on uncontroverted testimony.
Losing Side's Weaknesses:
The plaintiff established its case warranting the grant of relief sought for based on uncontroverted testimony.
The plaintiff established its case warranting the grant of relief sought for based on uncontroverted testimony.
Supporting Evidence
From the uncontroverted testimony of PW1 and Ext.A1 to A20 documents the plaintiff had established its case warranting the grant of relief sought for.
Judgment Evidence:
In the result, the suit decreed with costs. Plaintiff is entitled to realise an amount of Rs.3,92,804/- (Rupees Three lakhs ninety two thousand eight hundred and four only) with 6% interest from the date of suit till the date of realisation and cost of the suit from the defendant and his assets both movable and immovable.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Kerala Gramin Bank
- Party Role
- Defendant
- Party Name
- Aji
- Relation
- S/o
Plaintiffs Documents
Original Application for Loan, Original Agreement for General Consumption loan, Original Acknowledgment of Debt and Security, Take delivery letter to DPN, Original Pronote, True extract of Statement of Account, Original letter evidencing deposit of title deeds, Loan sanction communication, Original letter received from the borrower, Original Settlement deed No.1367/2015, Possession certificate No.5081/2016, Location certificate No.5081/16(1), Location sketch pertaining to scheduled property, Relevant page of Thandaper Account, Land tax receipt, Certificate of property is one and same, Copy of Advocate notice, Returned registered notices
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Smt. Gayathri R.Krishnan
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Sri.Kanjiramattom T.K.Siraj
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
The plaintiff is entitled to recover the outstanding amount along with interest.
Evidence:
Thus, the suit is liable to decreed with costs. Plaintiff is entitled to realise an amount of Rs.3,92,804/- (Rupees Three lakhs ninety two thousand eight hundred and four only) with 6% interest from the date of suit till the date of realisation and cost of the suit from the defendant and his assets both movable and immovable.
Documents & Evidence
Document Type:
Original application for loan
Submitted By:
Plaintiff
Relevance:
This document forms the basis of the loan agreement made by the defendant.
Reference:
Ext.A1
Document Type:
Original Agreement for General Consumption loan
Submitted By:
Plaintiff
Relevance:
This document outlines the terms under which the loan was provided.
Reference:
Ext.A2
Document Type:
Original Acknowledgment of Debt and Security from the legal heir of the deceased
Submitted By:
Plaintiff
Relevance:
This acknowledgment reinforces the debt obligation of the defendant.
Reference:
Ext.A3
Document Type:
Original Acknowledgment of Debt and Security
Submitted By:
Plaintiff
Relevance:
This document evidences the defendant's acknowledgment of the debt.
Reference:
Ext.A4
Document Type:
Take Delivery Letter to DPN
Submitted By:
Plaintiff
Relevance:
This document indicates the acceptance of the loan terms.
Reference:
Ext.A5
Document Type:
Original Pronote
Submitted By:
Plaintiff
Relevance:
Important for establishing the obligation to repay the loan.
Reference:
Ext.A6
Document Type:
True extract of statement of account
Submitted By:
Plaintiff
Relevance:
This statement details the outstanding dues of the defendant.
Reference:
Ext.A7
Document Type:
Original letter evidencing deposit of title deeds
Submitted By:
Plaintiff
Relevance:
This document supports the collateral for the loan.
Reference:
Ext.A8
Document Type:
Loan Sanction communication
Submitted By:
Plaintiff
Relevance:
This document confirms the sanction of the loan to the defendant.
Reference:
Ext.A9
Document Type:
Original letter received from the borrower
Submitted By:
Plaintiff
Relevance:
This letter is corroborative of the loan agreement.
Reference:
Ext.A10
Document Type:
Original Settlement deed No.1367/2015
Submitted By:
Plaintiff
Relevance:
This deed provides evidence regarding the property linked to the loan.
Reference:
Ext.A11
Document Type:
Possession certificate No.5081/2016
Submitted By:
Plaintiff
Relevance:
This certificate confirms possession related to the property involved.
Reference:
Ext.A12
Document Type:
Location certificate No.5081/16(1)
Submitted By:
Plaintiff
Relevance:
This certificate provides location details of the property in question.
Reference:
Ext.A13
Document Type:
Location sketch pertaining to scheduled property
Submitted By:
Plaintiff
Relevance:
This sketch provides a visual representation of the property in question.
Reference:
Ext.A14
Document Type:
Relevant page of Thandaper Account
Submitted By:
Plaintiff
Relevance:
This document provides additional verification related to the property ownership.
Reference:
Ext.A15
Document Type:
Land Tax Receipt
Submitted By:
Plaintiff
Relevance:
This receipt serves as evidence of tax payments related to the property.
Reference:
Ext.A16
Document Type:
Certificate of property is one and same
Submitted By:
Plaintiff
Relevance:
This certificate establishes the identity of the property in question.
Reference:
Ext.A17
Document Type:
Co-relation certificate
Submitted By:
Plaintiff
Relevance:
This document corroborates the connection between the borrower and the property.
Reference:
Ext.A18
Document Type:
Copy of Advocate Notice
Submitted By:
Plaintiff
Relevance:
This notice serves as evidence of the formal demand for repayment.
Reference:
Ext.A19
Document Type:
Returned registered notices
Submitted By:
Plaintiff
Relevance:
This document shows that the demand for repayment was officially communicated.
Reference:
Ext.A20
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
Case between Kerala Gramin Bank vs Aji regarding recovery of money
Case Code Year
Case between Kerala Gramin Bank vs Aji regarding recovery of money