Case Summary
Shailaja.A, the plaintiff, claims that Valsala, the defendant, failed to repay a loan amount for which she had acted as a guarantor. The plaintiff had to pay the loan amount to avoid the attachment of her property, and despite multiple demands, the defendant did not settle the amount.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Plaintiff is entitled to realize an amount of Rs.4,10,123/- together with interest at the rate of 12% per annum from the date of suit till the date of decree.
Case Type
Civil Suit
Final Judgment
No
The court decreed in favor of the plaintiff, allowing her to recover Rs.4,10,123/- along with specified interest from the defendant.
Why Plaintiff Won:
The plaintiff proved her case with documents and unchallenged testimony.
The plaintiff proved her case with documents and unchallenged testimony.
Losing Side's Weaknesses:
The plaintiff proved her case with documents and unchallenged testimony.
The plaintiff proved her case with documents and unchallenged testimony.
Supporting Evidence
From the uncontroverted testimony of PW1 and Exts.A1 to A8 documents, the plaintiff had established her case warranting the grant of reliefs sought for.
Judgment Evidence:
In the result, the suit decreed with costs as follows: 1. The Plaintiff is entitled to realize an amount of Rs.4,10,123/- (Rupees Four lakhs ten thousand one hundred and twenty three only) together with interest at the rate of 12% per annum from the date of suit till the date of decree.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Shailaja.A
- Party Age
- 53
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Valsala
- Party Age
- 65
- Relation
- W/o
Plaintiffs Documents
Cash receipts issued from Muthoot Vehicle and Asset Finance Limited, Copy of Advocate notice dated 25/07/2022, Postal receipt, Acknowledgment card
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. R.Praveen
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
The plaintiff is entitled to recover an amount of Rs.4,10,123/- along with interest.
Evidence:
In the result, the suit decreed with costs as follows: 1.The Plaintiff is entitled to realize an amount of Rs.4,10,123/- (Rupees Four lakhs ten thousand one hundred and twenty three only) together with interest at the rate of 12% per annum from the date of suit till the date of decree.
Relief Type:
Recovery
Outcome:
Granted
Description:
The plaintiff is entitled to realize the costs of the suit from the defendant.
Evidence:
2.The Plaintiff is entitled to realize the costs of the suit from the defendant and her assets.
Documents & Evidence
Document Type:
Cash Receipt
Submitted By:
Plaintiff
Relevance:
These receipts prove the payments made by the plaintiff to Muthoot Vehicle and Asset Finance Limited.
Reference:
Ext.A1 to A4
Document Type:
Cash Receipt Voucher
Submitted By:
Plaintiff
Relevance:
This voucher further confirms the payment made by the plaintiff.
Reference:
Ext.A5
Document Type:
Copy of Advocate Notice
Submitted By:
Plaintiff
Relevance:
This notice was sent to the defendant demanding repayment of the loan amount.
Reference:
Ext.A6
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
This receipt corroborates the sending of the advocate notice to the defendant.
Reference:
Ext.A7
Document Type:
Acknowledgment card
Submitted By:
Plaintiff
Relevance:
This card acknowledges the receipt of the advocate notice by the defendant.
Reference:
Ext.A8
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
O.S.NO.
Case Code Year
2023