Case Summary
Sajna Naizam filed a suit against Muhammed Fousir. A. K for the repayment of a personal loan of Rs.5,00,000 which was not repaid despite several demands. The defendant did not appear in court and was set ex parte.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The defendant is directed to pay a sum of Rs 5,00,000 with interest at the rate of 8 per cent from 01.01.2023.
Case Type
Civil Suit
Final Judgment
No
The court decreed the suit in favor of the plaintiff, ordering the defendant to repay Rs.5,00,000 along with interest.
Why Plaintiff Won:
The case of the plaintiff is proved by the unchallenged oral testimony and the documents presented.
The case of the plaintiff is proved by the unchallenged oral testimony and the documents presented.
Losing Side's Weaknesses:
The case of the plaintiff is proved by the unchallenged oral testimony and the documents presented.
The case of the plaintiff is proved by the unchallenged oral testimony and the documents presented.
Supporting Evidence
The case of the plaintiff is proved by the unchallenged oral testimony of the PW1 and the exhibits A1 to A3 document.
Judgment Evidence:
In the result, 1.The defendant is directed to pay a sum of Rs 5,00,000 (Five Lakh only) to the plaintiff with interest at the rate of 8 per cent from 01.01.2023 till the date of decree and thereafter at 6 per cent till realisation.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Sajna Naizam
- Party Age
- 49
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Muhammed Fousir. A. K
- Relation
- S/o
Plaintiffs Documents
Promissory note dated 01.01.2023, Copy of lawyer notice dated 19.12.2024, Postal receipt
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri.P.M.SureshBabu
- Appearance Type
- Main Counsel
- Law Firm
- Byju Puthiyedathmeethal Advocates
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
The defendant is directed to pay a sum of Rs 5,00,000 to the plaintiff with interest.
Evidence:
The defendant is directed to pay a sum of Rs 5,00,000 (Five Lakh only) to the plaintiff with interest at the rate of 8 per cent from 01.01.2023 till the date of decree.
Relief Type:
Other
Outcome:
Granted
Description:
The defendant shall also pay costs of the proceedings to the plaintiff.
Evidence:
The defendant shall also pay costs of the proceedings to the plaintiff.
Documents & Evidence
Document Type:
Promissory Note
Submitted By:
Plaintiff
Relevance:
Exhibit A1 is the promissory note dated 01.01.2023 evidencing the loan given by the plaintiff to the defendant.
Reference:
Ext.A1
Document Type:
Lawyer Notice
Submitted By:
Plaintiff
Relevance:
Exhibit A2 series are the lawyer notice dated 19.12.2024 along with postal receipt demonstrating the plaintiff's demand for repayment.
Reference:
Ext.A2
Document Type:
Returned notice
Submitted By:
Plaintiff
Relevance:
Exhibit A3 is the returned notice which shows that the defendant refused to receive the lawyer notice.
Reference:
Ext.A3
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 Sajna Naizam vs Muhammed Fousir. A. K regarding realisation of money
Case Code Year
Case between Sajna Naizam vs Muhammed Fousir. A. K regarding realisation of money