Case Summary
The plaintiffs, Prem Sanker V and Divya C K, are seeking to recover a loan amount of Rs. 5,50,000 from the defendant, Sandhyarani, who failed to repay despite multiple demands. The court ruled in favor of the plaintiffs due to the defendant's absence and failure to respond.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Plaintiff is entitled to realise an amount of Rs.5,50,000/- (Rupees Five lakhs fifty thousand only) with 6% interest from the date of suit till the date of realisation and cost of the suit.
Case Type
Civil Suit
Final Judgment
No
The court ruled in favor of the plaintiffs, allowing them to recover Rs. 5,50,000 with interest and costs from the defendant.
Why Plaintiff Won:
The plaintiffs established their case through uncontroverted testimony and evidence.
The plaintiffs established their case through uncontroverted testimony and evidence.
Losing Side's Weaknesses:
The plaintiffs established their case through uncontroverted testimony and evidence.
The plaintiffs established their case through uncontroverted testimony and evidence.
Supporting Evidence
From the uncontroverted testimony of PW1 and Ext.A1 to A4 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.5,50,000/- (Rupees Five lakhs fifty thousand only) with 6% interest from the date of suit till the date of realisation and cost of the suit from the defendant.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Prem Sanker V
- Party Age
- 41
- Relation
- S/o
- Party Role
- Plaintiff
- Party Name
- Divya C K
- Party Age
- 40
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Sandhyarani
- Party Age
- 41
- Relation
- W/o
Plaintiffs Documents
A1 01/07/2020 Statement of Account, A2 11/06/2020 Advocate Notice, A3 10/06/2020 Letter with Acknowledgment, A4 10/06/2020 Postal Receipt
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri.S Suresh Babu
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff is entitled to recover Rs.5,50,000 plus interest.
Evidence:
Thus, the suit is liable to decreed with costs Plaintiff is entitled to realise an amount of Rs.5,50,000/- (Rupees Five lakhs fifty thousand only) with 6% interest from the date of suit till the date of realisation and cost of the suit from the defendant.
Documents & Evidence
Document Type:
Statement of Account
Submitted By:
Plaintiff
Relevance:
Establishes the amount borrowed by the defendant.
Reference:
Ext.A1
Document Type:
Advocate Notice
Submitted By:
Plaintiff
Relevance:
Serves as evidence of the demand made to the defendant.
Reference:
Ext.A2
Document Type:
Letter with Acknowledgment
Submitted By:
Plaintiff
Relevance:
Proves communication regarding the loan.
Reference:
Ext.A3
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
Indicates that the demand notice was sent properly.
Reference:
Ext.A4
Case Classification
Case Type
Civil Suit
Category
Money and Loan Recovery
District
Thiruvananthapuram
State
Kerala
Court Establishment
Munsiff Court Thiruvananthapuram
Common Reasons
Non-payment of rent
Case Code
O.S.NO.
Case Code Year
2020