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IN THE HIGH COURT OF KERALA AT ERNAKULAM
MOHAMMED NIAS C.P., J
MOOSA – Appellant
Versus
VEERAN HAJI – Respondent
| Table of Content |
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| 1. the plaintiff claimed the defendant borrowed money and did not repay. (Para 2 , 3) |
| 2. the defendant argued against the validity of the agreement citing evidentiary issues. (Para 4 , 10) |
| 3. the trial court found the evidence credible supporting the plaintiff's claim. (Para 7 , 8) |
| 4. the necessary evidentiary standards were defined regarding execution and burden of proof. (Para 9 , 14) |
| 5. the appellate court modified the interest rate while affirming parts of the trial court's decree. (Para 15 , 16) |
JUDGMENT
The defendant challenges the judgment and decree granted to the respondent/plaintiff in a suit for realisation of an amount of Rs.7,00,000/- with interest.
2. The respondent/plaintiff contended that the appellant had borrowed from him an amount of Rs.7,00,000/- on 02.06.1999 agreeing to repay in one year, with 12% interest. It is pleaded that the defendant had also executed an agreement on the same day, and as the defendant did not repay the amount or the interest, the suit was filed for the realisation of the amount stated above.
3. The defendant filed a written statement disputing the receipt of any money from the plaintiff and denying the execution of the agreement
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