Case Summary
Bhadran alias Ramabhadran filed a suit against his elder sister Chandrika, seeking to declare a sale deed as void and to affirm his title and possession over certain properties. The defendant did not appear in court, and the case was heard ex parte.
Judgment Outcome
Judgment Favored
Defendant
Relief Granted
Case Type
Civil Suit
Final Judgment
No
The court dismissed the suit filed by the plaintiff, stating that the sale deed in question is valid and does not warrant a declaration of being void.
Key Reasoning:
The court found that the sale deed in question is a valid document and declined to declare it void.
The court found that the sale deed in question is a valid document and declined to declare it void.
Why Defendant Won:
The court found that the sale deed in question is a valid document and declined to declare it void.
The court found that the sale deed in question is a valid document and declined to declare it void.
Supporting Evidence
After considering the degree of formality of the document, this Court is of the opinion that Ext.A2 is a valid sale deed and there is no evidence on record to declare it void ab initio or null and void.
Judgment Evidence:
In the result: The suit is dismissed. No costs.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Bhadran alias Ramabhadran
- Party Age
- 56
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Chandrika
- Party Age
- 65
- Relation
- D/o
Plaintiffs Documents
Certified true copy of Partition Deed No. 549/1981, Certified true copy of Sale Deed No. 714/1983, Copy of the suit notice, Postal receipt, Acknowledgment card, Certified true copy of Settlement Deed No. 1139/2018.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri.Rahul K. Narayan
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Smt. Jayalekshmi. J
- Appearance Type
- Assisting Counsel
- Party Role
- Plaintiff
- Advocate Name
- Smt.Geetha K.P
- Appearance Type
- Assisting Counsel
- Party Role
- Plaintiff
- Advocate Name
- Smt.Athira U.A
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Declaration
Outcome:
Refused
Description:
To declare the Settlement Deed No. 714/1983 of Kazhakuttam SRO as void ab initio and null and void.
Evidence:
Resultantly, the plaintiff is also not entitled to get a decree declaring his title and possession of the plaint schedule properties.
Relief Type:
Declaration
Outcome:
Refused
Description:
To declare the title and possession of the plaintiff over the plaint schedule properties.
Evidence:
There is nothing is on record to show that the plaintiff is entitled to get such relief.
Relief Type:
Permanent Injunction
Outcome:
Refused
Description:
To grant a permanent prohibitory injunction restraining the defendant from trespassing, committing waste, or harming the plaintiff’s interests.
Evidence:
The relief of injunction cannot be granted in favour of the plaintiff.
Documents & Evidence
Document Type:
Partition Deed
Submitted By:
Plaintiff
Relevance:
A certified true copy was produced to establish ownership and possession of the properties in question.
Reference:
Ext.A1
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
A certified true copy was marked for consideration of whether it should be declared null and void.
Reference:
Ext.A2
Document Type:
Suit Notice
Submitted By:
Plaintiff
Relevance:
Marked to demonstrate that the defendant was notified to execute necessary deeds.
Reference:
Ext.A3
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
Evidence of the suit notice being sent to the defendant.
Reference:
Ext.A4
Document Type:
Acknowledgment card
Submitted By:
Plaintiff
Relevance:
Marked to confirm that the defendant received the suit notice.
Reference:
Ext.A5
Document Type:
Settlement Deed
Submitted By:
Plaintiff
Relevance:
A certified true copy marked to illustrate the defendant's actions regarding property allocation.
Reference:
Ext.A6
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Thiruvananthapuram
State
Kerala
Court Establishment
Munsiff Court Thiruvananthapuram
Common Reasons
Case Code
OS.NO.
Case Code Year
2020