Case Summary
Girija, the plaintiff, is seeking a declaration regarding a Will executed by their father, which bequeaths property to her. The defendant, Sundarambal, is refusing to accept her share despite being entitled to an amount as per the Will.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Declaration regarding the Will and an order for the plaintiff to deposit an amount of Rs.10,000/- within one month from the date of the decree.
Case Type
Civil Suit
Final Judgment
No
The suit is decreed in favor of the plaintiff, declaring that the Will deed No.4/1993 of SRO, Vaikom is free from obligations placed by the testator.
Why Plaintiff Won:
The plaintiff established her case through unchallenged evidence.
The plaintiff established her case through unchallenged evidence.
Losing Side's Weaknesses:
The plaintiff established her case through unchallenged evidence.
The plaintiff established her case through unchallenged evidence.
Supporting Evidence
The evidence adduced by the plaintiff was unchallenged. From the unchallenged evidence, I am of the view that plaintiff had succeeded in establishing his case and she is entitled to get a decree as prayed for.
Judgment Evidence:
In the result, suit is decreed with costs as follows: It is hereby declared that the Will deed No.4/1993 of SRO, Vaikom is free from the obligation casted therein by the testator by allowing the plaintiff to deposit an amount of Rs.10,000/- within one month from the date of the decree.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Girija
- Party Age
- 52
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Sundarambal
- Party Age
- 56
- Relation
- W/o
Plaintiffs Documents
Original Will deed No.4/1993 of Vaikom SRO, tax receipt, death certificate of V Sankara Narayana Iyer, death certificate of Saraswathy Ammal, office copy of lawyer notice, reply notice
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- B. Biju
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Declaration
Outcome:
Granted
Description:
Declared that the Will deed No.4/1993 of SRO, Vaikom is free from the obligation casted therein by the testator.
Evidence:
It is hereby declared that the Will deed No.4/1993 of SRO, Vaikom is free from the obligation casted therein by the testator by allowing the plaintiff to deposit an amount of Rs.10,000/- within one month from the date of the decree.
Documents & Evidence
Document Type:
Original Will
Submitted By:
Plaintiff
Relevance:
Proves the plaintiff's entitlement to the property.
Reference:
Ext.A1
Document Type:
Tax receipt
Submitted By:
Plaintiff
Relevance:
Evidence of the plaintiff's payment of dues related to the property.
Reference:
Ext.A2
Document Type:
Death Certificate
Submitted By:
Plaintiff
Relevance:
Confirms the death of V. Sankara Narayana Iyer.
Reference:
Ext.A3
Document Type:
Death Certificate
Submitted By:
Plaintiff
Relevance:
Confirms the death of Saraswathy Ammal.
Reference:
Ext.A4
Document Type:
Lawyer's Notice
Submitted By:
Plaintiff
Relevance:
Notice issued to the defendant regarding payment obligations.
Reference:
Ext.A5
Document Type:
Reply Notice
Submitted By:
Plaintiff
Relevance:
Response from the defendant regarding the lawyer's notice.
Reference:
Ext.A6
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Kottayam
State
Kerala
Court Establishment
Munsiff Court Vaikom
Common Reasons
Case Code
Case between Girija vs Sundarambal regarding declaration and other reliefs
Case Code Year
Case between Girija vs Sundarambal regarding declaration and other reliefs
Case Flags
Adalath Resolved