Case Summary
Gigo Jose, the plaintiff, is seeking a permanent prohibitory injunction against Sivaraman, the defendant, to restrain him from alienating the property. The plaintiff asserts that the sale deed executed in favor of the defendant was based on misunderstanding and without valid consideration.
Judgment Outcome
Judgment Favored
Defendant
Relief Granted
Case Type
Civil Suit
Final Judgment
No
Key Reasoning:
The court found that the sale deed executed by the plaintiff was valid and that the plaintiff had not substantiated claims of lack of consideration.
The court found that the sale deed executed by the plaintiff was valid and that the plaintiff had not substantiated claims of lack of consideration.
Judgment Evidence:
In the result, the suit is dismissed with costs.
Parties Involved
Plaintiffs
Gigo Jose (45 years)
Painukkal House, Kandanadu.P.O., Thiruvankulam, Thrippunithura
Defendants
Sivaraman (Age not specified years)
Pallathu House, Kaippamangalam, Kodungalloor, Thrissur
Reliefs
Relief Type:
Permanent Injunction
Outcome:
Refused
Description:
Permanent prohibitory injunction restraining defendant from alienating the property.
Evidence:
plaintiff's suit is liable to be dismissed as decree of injunction cannot be granted.
Documents & Evidence
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
Certified copy of sale deed of property partition executed by plaintiff's father.
Reference:
Ext.A1
Document Type:
Tax receipt
Submitted By:
Plaintiff
Relevance:
Copy of basic tax receipt issued from Village Office.
Reference:
Ext.A2
Document Type:
Encumbrance certificate
Submitted By:
Plaintiff
Relevance:
Copy of encumbrance certificate related to the property.
Reference:
Ext.A3
Document Type:
Sale deed
Submitted By:
Defendant
Relevance:
Sale deed executed by plaintiff in favor of defendant, relied upon by defendant.
Reference:
Ext.B1
Document Type:
Bank statement
Submitted By:
Defendant
Relevance:
Statement of bank account of defendant showing payments made.
Reference:
Ext.B2
Document Type:
Tax receipt
Submitted By:
Defendant
Relevance:
Basic tax receipt issued from Village Office showing tax payment by defendant.
Reference:
Ext.B3
Document Type:
Oral Evidence
Submitted By:
Unknown
Relevance:
Evidence presented by witnesses from both sides.
Reference: