Case Summary
This suit involves Mehroof Ali Thahir as the plaintiff and Illikkottil Hussain as the defendant. The case concerns a loan of Rs.2,00,000/- borrowed by the defendant from the plaintiff, which was not repaid.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Defendant is directed to pay Rs.2,00,000/- to the plaintiff with interest at 9 percent.
Case Type
Civil Suit
Final Judgment
No
The court decreed the suit in favor of the plaintiff, ordering the defendant to pay Rs.2,00,000/- along with interest.
Why Plaintiff Won:
The plaintiff's claim was supported by unchallenged oral testimony and relevant documents.
The plaintiff's claim was supported by unchallenged oral testimony and relevant documents.
Losing Side's Weaknesses:
The plaintiff's claim was supported by unchallenged oral testimony and relevant documents.
The plaintiff's claim was supported by unchallenged oral testimony and relevant documents.
Supporting Evidence
The case of the plaintiff is proved by the unchallenged oral testimony of the PW1 and the exhibits A1 to A5 documents produced by him.
Judgment Evidence:
In the result, the suit is decreed with costs and the defendant is directed to pay Rs.2,00,000/- to the plaintiff with interest at the rate of 9 per cent from 10.06.2020 till the date of decree.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Mehroof Ali Thahir
- Party Age
- 32
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Illikkottil Hussain
- Party Age
- 54
- Relation
- S/o
Plaintiffs Documents
Certified copy of the cheque No.01014557, Certified copy of cheque return memo dated 05.09.2020, Certified copy of the lawyer notice dated 17.09.2020, Certified copy of postal receipt, Certified copy of acknowledgment card.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri.Anwar Ali
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Prasanna N.V
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
The defendant is directed to pay Rs.2,00,000/- to the plaintiff with interest.
Evidence:
In the result, the suit is decreed with costs and the defendant is directed to pay Rs.2,00,000/- to the plaintiff with interest at the rate of 9 per cent from 10.06.2020 till the date of decree and thereafter at 6 per cent till realisation.
Documents & Evidence
Document Type:
Cheques
Submitted By:
Plaintiff
Relevance:
Certified copy of the cheque bearing No 01014557.
Reference:
Ext.A1
Document Type:
Cheque Return Memo
Submitted By:
Plaintiff
Relevance:
Certified copy of the cheque return memo dated 05.09.2020.
Reference:
Ext.A2
Document Type:
Lawyer Notice
Submitted By:
Plaintiff
Relevance:
Certified copy of the lawyer notice dated 17.09.2020.
Reference:
Ext.A3
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
Certified copy of the postal receipt.
Reference:
Ext.A4
Document Type:
Acknowledgment card
Submitted By:
Plaintiff
Relevance:
Certified copy of the acknowledgment card dated 21.09.2022.
Reference:
Ext.A5
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 Mehroof Ali Thahir vs Illikkottil Hussain regarding realisation of money
Case Code Year
Case between Mehroof Ali Thahir vs Illikkottil Hussain regarding realisation of money
Case Flags
Cheque-Related Case
Nature of Cheque Case
Cheque Dishonour under Section 138 N.I. Act