Case Summary
Syamala, the plaintiff, seeks recovery of money from Rajeswari and her son Sujith, claiming they borrowed ₹2,00,000 with a promise to repay. The defendants contest the claim, alleging the plaintiff has misused a document as security for a loan that was already repaid.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The plaintiff is entitled to realise an amount of ₹2,00,000 with 6% interest until realization.
Case Type
Civil Suit
Final Judgment
No
The court partially decreed the suit in favor of the plaintiff, directing the defendants to pay ₹2,00,000 with interest and costs.
Why Plaintiff Won:
The evidence presented by the plaintiff established that the defendants are liable to repay the borrowed amount.
The evidence presented by the plaintiff established that the defendants are liable to repay the borrowed amount.
Losing Side's Weaknesses:
The evidence presented by the plaintiff established that the defendants are liable to repay the borrowed amount.
The evidence presented by the plaintiff established that the defendants are liable to repay the borrowed amount.
Supporting Evidence
The oral and documentary evidence adduced by PW1 establishes that an amount of ₹2,00,000 is due from the defendants.
Judgment Evidence:
In the result; the suit is partly decreed as follows: (a)The plaintiff is entitled to realise an amount of ₹2,00,000 with 6% interest from the date of the suit, till date of realisation from the defendants and their assets.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Syamala
- Party Age
- 52
- Relation
- D/o
- Party Role
- Defendant
- Party Name
- Rajeswari
- Party Age
- 54
- Relation
- D/o
- Party Role
- Defendant
- Party Name
- Sujith @ Jithu
- Party Age
- 25
- Relation
- S/o
Plaintiffs Documents
Original document dated 24.12.2019, True copy of Advocate notice dated 27.11.2020, True copy of Advocate notice dated 27.11.2020, Reply Notice dated 11.12.2020
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri.S.Suresh Babu
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Smt.Lekshmi Ramakrishnan
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sri. Rajeev.A.R
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Partly Granted
Description:
The plaintiff is entitled to recover ₹2,00,000/- with interest.
Evidence:
the suit is partly decreed as follows: -(a)The plaintiff is entitled to realise an amount of ₹2,00,000/- (Rupees Two lakhs only) with 6% interest from the date of the suit, till date of realisation from the defendants and their assets.
Relief Type:
Costs
Outcome:
Granted
Description:
The plaintiff is entitled to recover the costs of the suit.
Evidence:
The plaintiff is also entitled to realise the costs of this suit from the defendants and their assets.
Documents & Evidence
Document Type:
Original Document
Submitted By:
Plaintiff
Relevance:
The document evidences the loan of ₹2,00,000/- borrowed by the defendants from the plaintiff.
Reference:
Ext.A1
Document Type:
Advocate notice and Acknowledgment Card
Submitted By:
Plaintiff
Relevance:
Legal notice issued by the plaintiff demanding repayment of the loan.
Reference:
Ext.A2
Document Type:
Advocate notice and Acknowledgment Card
Submitted By:
Plaintiff
Relevance:
Legal notice issued to the second defendant regarding the repayment of the loan.
Reference:
Ext.A3
Document Type:
Reply Notice
Submitted By:
Plaintiff
Relevance:
The reply notice from the defendants denying the claims made by the plaintiff.
Reference:
Ext.A4
Case Classification
Case Type
Civil Suit
Category
Money and Loan Recovery
District
Thiruvananthapuram
State
Kerala
Court Establishment
Munsiff Court Thiruvananthapuram
Common Reasons
Case Code
OS.NO.
Case Code Year
2021