Case Summary
The plaintiff, Rajesh, is seeking to recover a sum of Rs. 7,00,000 from the defendant, Shahida.T.K, related to a gold ornament transaction. The case involves breach of an agreement concerning installment payments for gold jewelry.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Plaintiff is allowed to recover Rs.7,00,000/- together with interest at the rate of 12% per annum from the date of suit till the realisation.
Case Type
Civil Suit
Final Judgment
No
The court decreed in favor of the plaintiff, allowing him to recover the amount sought along with interest.
Why Plaintiff Won:
The unchallenged evidence of the plaintiff proves the case of the plaintiff.
The unchallenged evidence of the plaintiff proves the case of the plaintiff.
Losing Side's Weaknesses:
The unchallenged evidence of the plaintiff proves the case of the plaintiff.
The unchallenged evidence of the plaintiff proves the case of the plaintiff.
Supporting Evidence
The unchallenged evidence of the plaintiff proves the case of the plaintiff.
Judgment Evidence:
In the result, suit is decreed with costs... Plaintiff is allowed to recover Rs.7,00,000/-... together with interest at the rate of 12% per annum from the date of suit till the realisation from the defendant.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Rajesh
- Party Age
- 45
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Shahida.T.K
- Party Age
- 47
- Relation
- D/o
Plaintiffs Documents
Agreement executed on 13/09/2021, Certified copies of cheques No. 100043 and 100044.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. Thajudheen.K
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sri.Tom Thomas
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Muhammed Rishad.S
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff is allowed to recover Rs.7,00,000/- together with interest.
Evidence:
In the result, suit is decreed with costs as follows:- (1) Plaintiff is allowed to recover Rs.7,00,000/- (Rupees Seven Lakhs Only) together with interest at the rate of 12% per annum from the date of suit till the realisation from the defendant and her assets.
Documents & Evidence
Document Type:
Agreement
Submitted By:
Plaintiff
Relevance:
Agreement executed between PW1 and the defendant regarding the payment terms.
Reference:
Ext.A1
Document Type:
Cheque
Submitted By:
Plaintiff
Relevance:
Cheque bearing No.100043 for Rs.3,00,000/- presented for payment.
Reference:
Ext.A2
Document Type:
Return Memo
Submitted By:
Plaintiff
Relevance:
Return memo for cheque No.100043 explaining insufficient funds.
Reference:
Ext.A3
Document Type:
Cheque
Submitted By:
Plaintiff
Relevance:
Cheque bearing No.100044 for Rs.4,00,000/- presented for payment.
Reference:
Ext.A4
Document Type:
Return Memo
Submitted By:
Plaintiff
Relevance:
Return memo for cheque No.100044 explaining insufficient funds.
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
Non-payment of rent
Case Code
Case between Rajesh vs Shahida.T.K regarding realisation of amount.
Case Code Year
Case between Rajesh vs Shahida.T.K regarding realisation of amount.
Case Flags
Cheque-Related Case
Nature of Cheque Case
Cheque Dishonour under Section 138 N.I. Act