Case Summary
Rohith John, the plaintiff, is claiming Rs.9,10,400/- from Preetha Jayan, the defendant, for money borrowed in three installments. The defendant contests the claim, stating that the transaction was for the benefit of clients and not a personal loan.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The plaintiff is entitled for a realisation of an amount of Rs.9,10,400/- with future interest @ 12% per annum from the date of suit till decree and 6% from date of decree till realisation from the defendant and her assets.
Case Type
Civil Suit
Final Judgment
No
The court decreed the suit in favor of the plaintiff, ordering the defendant to pay Rs.9,10,400/- along with interest. The plaintiff's evidence was found credible, while the defendant failed to discharge her liability.
Why Plaintiff Won:
The evidence and admissions made during the proceedings established that the defendant borrowed the money as claimed.
The evidence and admissions made during the proceedings established that the defendant borrowed the money as claimed.
Losing Side's Weaknesses:
The evidence and admissions made during the proceedings established that the defendant borrowed the money as claimed.
The evidence and admissions made during the proceedings established that the defendant borrowed the money as claimed.
Supporting Evidence
The defendant has failed to discharge her liability. Also the contention raised by the defendant that the plaintiff is involved in the criminal cases is not related to the subject matter of the suit.
Judgment Evidence:
In the result, the suit is decreed as follows 1) The plaintiff is entitled for a realisation of an amount of Rs.9,10,400/- with future interest @ 12% per annum from the date of suit till decree and 6% from date of decree till realisation from the defendant and her assets.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Rohith John
- Party Age
- 41
- Relation
- S/o Late V.G. Rajendran Nair
- Party Role
- Defendant
- Party Name
- Preetha Jayan
- Party Age
- 32
- Relation
- W/o Jayan.C.G
Plaintiffs Documents
Attested copy of statement of account, Copy of Advocate notice, Reply Notice
Defendants Documents
FIR in Crime No. 1391/2021, FIR in Crime No. 3305/2020, Copy of Agreement
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Smt. R. Girija Sreekumar
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Smt. Baby.M.M
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Smt. S.S. Sathikumari
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff's claim for the recovery of Rs.9,10,400/- with interest.
Evidence:
The suit is decreed as follows: The plaintiff is entitled for a realisation of an amount of Rs.9,10,400/- with future interest.
Relief Type:
Other
Outcome:
Granted
Description:
Plaintiff's claim for costs of the suit.
Evidence:
The plaintiff is entitled to realise the costs of the suit from the defendant and her assets.
Documents & Evidence
Document Type:
Attested copy of Statement of Account
Submitted By:
Plaintiff
Relevance:
Shows the first and second installments were paid to the defendant.
Reference:
Ext.A1
Document Type:
Attested copy of Statement of Account
Submitted By:
Plaintiff
Relevance:
Shows the third payment made to the defendant.
Reference:
Ext.A2
Document Type:
Copy of Advocate Notice
Submitted By:
Plaintiff
Relevance:
Notifies the defendant of the repayment demand.
Reference:
Ext.A3
Document Type:
Acknowledgment card
Submitted By:
Plaintiff
Relevance:
Confirms receipt of the advocate notice by the defendant.
Reference:
Ext.A3(a)
Document Type:
Reply Notice
Submitted By:
Plaintiff
Relevance:
Contains the defendant's response to the advocate notice.
Reference:
Ext.A4
Document Type:
Copy of Order
Submitted By:
Plaintiff
Relevance:
Relates to a prior court order relevant to the case.
Reference:
Ext.A5
Document Type:
FIR in Crime No. 1391/2021
Submitted By:
Defendant
Relevance:
Shows the criminal case against the plaintiff.
Reference:
Ext.B1
Document Type:
FIR in Crime No. 3305/2020
Submitted By:
Defendant
Relevance:
Shows another criminal case against the plaintiff.
Reference:
Ext.B2
Document Type:
Copy of agreement
Submitted By:
Defendant
Relevance:
Relates to the financial agreements between parties.
Reference:
Ext.B3
Case Classification
Case Type
Civil Suit
Category
Money and Loan Recovery
District
Thiruvananthapuram
State
Kerala
Court Establishment
Munsiff Court Thiruvananthapuram
Common Reasons
Recovery of money
Case Code
Case between Rohith John vs Preetha Jayan regarding recovery of money.
Case Code Year
Case between Rohith John vs Preetha Jayan regarding recovery of money.
Case Flags
Cheque-Related Case
Nature of Cheque Case
Cheque dishonour