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IN THE HIGH COURT OF KERALA AT ERNAKULAM
Mohammed Nias C. P., J
K. Jamaludheen – Appellant
Versus
Aboobacker – Respondent
| Table of Content |
|---|
| 1. assessment of evidence in a money recovery suit involving disputed cheque execution. (Para 1 , 2 , 3 , 4 , 5) |
| 2. the burden of proof remains with the plaintiff to establish a disputed loan transaction. (Para 6 , 7 , 8 , 9 , 10 , 11 , 12) |
RFA NO. 251 OF 2010
AGAINST THE JUDGMENT DATED 23.09.2009 IN OS NO.130 OF 2007 OF SUBORDINATE JUDGE'S COURT, MANJERI
APPELLANT/PLAINTIFF:
RESPONDENT/DEFENDANT:
THIS REGULAR FIRST APPEAL HAVING BEEN FINALLY HEARD ON 25.05.2026, THE COURT ON 02.06.2026 DELIVERED THE FOLLOWING:
MOHAMMED NIAS C.P., J.
R.F.A. No.251 of 2010
Dated this the 2nd day of June, 2026
JUDGMENT
The defeated plaintiff in a suit for realisation of money is the appellant.
2. O.S.No. 130/2007 on the file of the Subordinate Judge's Court, Manjeri, was filed by the appellant/plaintiff contending that on 22.10.2007, the defendant/respondent herein, borrowed a sum of Rs.2,00,000/- by entrusting a cheque for Rs.2,00,000/- dated 28.10.2007. The plaintiff presented the cheque on 07.11.2007, which was returned on account of insufficient funds. Contending that the defendant was attempting to transfer his property, the suit was filed on 07.11.2007, the same day on which the
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