Case Summary
Sajna Naizam is the plaintiff who lent Muhammed Fousir A K a sum of Rs. 5,50,200/- as a personal loan, which was not repaid. Despite attempts to recover the amount through a lawyer's notice, the defendant did not respond, leading to this suit.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The defendant is directed to pay a sum of Rs.5.50,200/- to the plaintiff with interest at the rate of 8 per cent from 14.08.2023 till the date of decree and thereafter at 6 per cent till realisation.
Case Type
Civil Suit
Final Judgment
No
The court ruled in favor of the plaintiff, directing the defendant to repay the loan amount along with interest and costs.
Why Plaintiff Won:
The case of the plaintiff is proved by the unchallenged oral testimony of the PW1 and the exhibits A1 to A3 document.
The case of the plaintiff is proved by the unchallenged oral testimony of the PW1 and the exhibits A1 to A3 document.
Losing Side's Weaknesses:
The case of the plaintiff is proved by the unchallenged oral testimony of the PW1 and the exhibits A1 to A3 document.
The case of the plaintiff is proved by the unchallenged oral testimony of the PW1 and the exhibits A1 to A3 document.
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.5.50,200/- ( Five Lakh fifty thousand two hundred only) to the plaintiff with interest at the rate of 8 per cent from 14.08.2023 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 14.08.2023, Lawyer notice dated 19.12.2024 along with postal receipt, Returned notice.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. P. M. Suresh Babu
- Appearance Type
- Main Counsel
- Law Firm
- Byju Puthiyedathmeethal
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Defendant is directed to pay a sum of Rs. 5,50,200/- to the plaintiff with interest.
Evidence:
The defendant is directed to pay a sum of Rs.5.50,200/- ( Five Lakh fifty thousand two hundred only) to the plaintiff with interest at the rate of 8 per cent from 14.08.2023 till the date of decree.
Relief Type:
Other
Outcome:
Granted
Description:
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:
It serves as evidence of the loan given by the plaintiff to the defendant.
Reference:
Ext.A1
Document Type:
Lawyer Notice
Submitted By:
Plaintiff
Relevance:
It demonstrates the attempts made by the plaintiff to notify the defendant about the repayment.
Reference:
Ext.A2
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
Proof of sending the lawyer notice to the defendant.
Reference:
Ext.A2(a)
Document Type:
Undelivered cover
Submitted By:
Plaintiff
Relevance:
It shows that the notice sent to the defendant was not received.
Reference:
Ext.A3
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 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