Case Summary
Naniyatt Moideenkoya is the plaintiff seeking to recover money from Muhammadali K K @ Ali K K. The case involves a partnership agreement related to a fishing business and the non-payment of profits.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Defendant is directed to pay Rs.2,47,800 to the plaintiff and interest at specified rates.
Case Type
Civil Suit
Final Judgment
No
The court decreed that the defendant must pay the plaintiff a total of Rs.2,47,800 along with specified interests and cancelled the partnership agreement.
Why Plaintiff Won:
The plaintiff proved the investment and the agreement terms through unchallenged evidence.
The plaintiff proved the investment and the agreement terms through unchallenged evidence.
Losing Side's Weaknesses:
The plaintiff proved the investment and the agreement terms through unchallenged evidence.
The plaintiff proved the investment and the agreement terms through unchallenged evidence.
Supporting Evidence
The Payment of money as per the partnership agreement is proved by the plaintiff to the defendant is proved through Ext.A1.
Judgment Evidence:
In the result, the suit is decreed as follows: 1. The defendant is directed to pay Rs.2,47,800/- (Rupees Two Lakhs Forty Seven Thousand And Eight Hundred Only) to the plaintiff.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Naniyatt Moideenkoya
- Party Age
- 58
- Relation
- S/o.
- Party Role
- Defendant
- Party Name
- Muhammadali K K @ Ali K K
- Party Age
- 38
- Relation
- S/o.
Plaintiffs Documents
Partnership agreement dated 15.6.2020, Copy of lawyer notice, Unserved notice.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Smt K.P.Regha
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Adv.M.Ramachandran
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
The plaintiff is entitled to recover Rs.2,47,800/- from the defendant.
Evidence:
The defendant is directed to pay Rs.2,47,800/- (Rupees Two Lakhs Forty Seven Thousand And Eight Hundred Only) to the plaintiff.
Relief Type:
Interest
Outcome:
Granted
Description:
The plaintiff is entitled to interest at the rate of 7% per annum from the date of the suit till the date of decree.
Evidence:
The defendant is also directed to pay an interest at the rate of 7% per annum for the amount Rs.2,10,000/- (Two lakhs And Ten Thousand only) from the date of the suit till the date of decree.
Relief Type:
Interest
Outcome:
Granted
Description:
The plaintiff is entitled to interest at the rate of 6% per annum from the date of decree till realization.
Evidence:
The defendant is also directed to pay an interest at the rate of 6% per annum for the amount Rs.2,10,000/- (Two lakhs And Ten Thousand only) from the date of decree till realization.
Relief Type:
Cancellation
Outcome:
Granted
Description:
The agreement Ext.A1 is cancelled.
Evidence:
Ext.A1 agreement dated 15.6.2020 is cancelled and would not be binding on plaintiff.
Relief Type:
Costs
Outcome:
Granted
Description:
The plaintiff is entitled to the costs of the suit.
Evidence:
The defendant is also directed to pay costs of the suit.
Documents & Evidence
Document Type:
Partnership Agreement
Submitted By:
Plaintiff
Relevance:
The agreement proves that the plaintiff invested Rs.2,10,000/- and outlines the terms of partnership.
Reference:
Ext.A1
Document Type:
Lawyer Notice
Submitted By:
Plaintiff
Relevance:
The notice is evidence of the plaintiff's claim regarding the repayment.
Reference:
Ext.A2
Document Type:
Unserved notice
Submitted By:
Plaintiff
Relevance:
The unserved notice supports the plaintiff's claim.
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
Non-payment of rent
Case Code
Case between Naniyatt Moideenkoya vs Muhammadali K K @ Ali K K regarding realisation of money
Case Code Year
Case between Naniyatt Moideenkoya vs Muhammadali K K @ Ali K K regarding realisation of money