Belraj v. Treasa
Case brief
What is this about?
The High Court of Kerala allowed the appeal against a dismissal of a money recovery suit. Setting aside the lower court's finding insufficient, the Court held defendants liable to repay Rs.2,49,000/-, directing realization with interest at 6% per annum instead of the claimed 18%.
What did the court decide?
The judgment and decree under challenge were set aside and the suit was decreed for realization of Rs.2,49,000/- with interest at the rate of 6% per annum from the date of the suit.
What the court decided
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE SHIRCY V.
WEDNESDAY, THE 14TH DAY OF AUGUST 2019 / 23RD SRAVANA, 1941
RFA.No.471 OF 2005
AGAINST THE JUDGMENT & DECREE IN OS 756/2002 DATED 20-08-2004 OF II ADDITIONAL SUB COURT, ERNAKULAM
APPELLANT/PLAINTIFF:
BELRAJ, AGED 31 YEARS, S/O.RAMAN, VERIPPUPADOM HOUSE, KUNJAMBAVA ROAD, PUNNURUNNI, KOCHI-19.
BY ADV. SRI.PEEYUS A.KOTTAM
RESPONDENTS/DEFENDANTS:
1 TRESIA, W/O. LATE GEORGE, NIKARATHIL HOUSE, STP ROAD, ELAMKULAM, KOCHI-20.
Issues for consideration
3 issues framed by the court
Whether the defendants successfully proved coercion regarding the execution of the agreement dated 27.7.2002.
Whether the plaintiff is entitled to a decree for the realization of the outstanding loan amount.
Whether the claim for interest at 18% per annum is sustainable.
Parties & counsel
- appellant
Belraj
- respondent
Tresia
- respondent
N.G.Jerson
- respondent
N.G.Nelson
Coram
Case details
As recorded by the court registry
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