Case Summary
The plaintiff, Rashid .V.K, loaned Rs.28,50,000/- to the defendant, Nisar.A.K, out of which only Rs.8,58,000/- was repaid. The defendant failed to repay the remaining amount despite agreements and presented cheques, which were dishonoured.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Defendant is directed to pay Rs.8,00,000/- with interest and costs.
Case Type
Civil Suit
Final Judgment
No
The court decreed that the defendant must pay the plaintiff Rs.8,00,000/- with interest and costs of the proceeding.
Why Plaintiff Won:
The plaintiff's case was proven by the unchallenged oral testimony and supporting documents.
The plaintiff's case was proven by the unchallenged oral testimony and supporting documents.
Losing Side's Weaknesses:
The plaintiff's case was proven by the unchallenged oral testimony and supporting documents.
The plaintiff's case was proven by the unchallenged oral testimony and supporting documents.
Supporting Evidence
The case of the plaintiff is proved by the unchallenged oral testimony of the PW1 and the documents tendered by her.
Judgment Evidence:
The defendant is hereby directed to pay a sum of Rs.8,00,000/- (Rupees Eight Lakh only) with interest at the rate of 9 per cent from the date of suit till date of decree and thereafter at 6 per cent till realisation.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Rashid .V.K
- Party Age
- 43
- Relation
- S/o
- Party Role
- Plaintiff
- Party Name
- Raihanath
- Party Age
- 45
- Relation
- D/o
- Party Role
- Defendant
- Party Name
- Nisar.A.K
- Party Age
- 44
- Relation
- S/o
Plaintiffs Documents
Exhibit A1 is the agreement executed between the wife of the plaintiff and the defendant; Exhibits A2 to A9 are the cheques; Exhibit A10 is the power of attorney executed by the plaintiff.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. B. Kishore Bhaktha
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sri. K. Shyju
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Defendant is directed to pay a sum of Rs.8,00,000/- with interest.
Evidence:
The defendant is hereby directed to pay a sum of Rs.8,00,000/- (Rupees Eight Lakh only) with interest at the rate of 9 per cent from the date of suit till date of decree and thereafter at 6 per cent till realisation.
Relief Type:
Other
Outcome:
Granted
Description:
Defendant shall pay cost of the proceeding to the plaintiff.
Evidence:
The defendant shall pay cost of the proceeding to the plaintiff.
Documents & Evidence
Document Type:
Agreement
Submitted By:
Plaintiff
Relevance:
Agreement executed between the wife of plaintiff and defendant.
Reference:
Ext.A1
Document Type:
Cheque
Submitted By:
Plaintiff
Relevance:
Cheques bearing numbers 140188 to 140195, each for Rs.1,00,000, drawn on Federal Bank.
Reference:
Ext.A2 to A9
Document Type:
Power of Attorney
Submitted By:
Plaintiff
Relevance:
Power of attorney executed by the plaintiff.
Reference:
Ext.A10
Document Type:
Oral Evidence
Submitted By:
Plaintiff
Relevance:
The case of the plaintiff is proved by the unchallenged oral testimony of PW1.
Reference:
Case Classification
Case Type
Civil Suit
Category
Money and Loan Recovery
District
Kozhikode
State
Kerala
Court Establishment
Munsiff Court 2 Kozhikode
Common Reasons
Recovery of money
Case Code
Case between Rashid .V.K vs Nisar.A.K regarding return of money
Case Code Year
Case between Rashid .V.K vs Nisar.A.K regarding return of money
Case Flags
Cheque-Related Case
Nature of Cheque Case
Cheque Dishonour