Case Summary
This case involves Jameela, the plaintiff, who seeks to cancel a settlement deed executed in favor of her daughter Sibina Salam. The plaintiff alleges that the deed was signed under false pretenses and claims her daughter has not taken care of her.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The settlement deed No.230/1/2018 executed by the plaintiff in favor of defendant is hereby cancelled.
Case Type
Civil Suit
Final Judgment
No
The court ruled in favor of the plaintiff, cancelling the settlement deed executed in favor of the defendant.
Why Plaintiff Won:
The evidence presented by the plaintiff and the defendant's non-appearance supported the plaintiff's claim.
The evidence presented by the plaintiff and the defendant's non-appearance supported the plaintiff's claim.
Losing Side's Weaknesses:
Not available
Not available
Supporting Evidence
The non appearance of defendant before the court itself prove that the statement of plaintiff as per the proof affidavit and plaint are correct.
Judgment Evidence:
In the result, the suit is decreed as follows: 1. The settlement deed No.230/1/2018 of the Kanjirappally SRO executed by the plaintiff in favour of defendant is hereby cancelled.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Jameela
- Party Age
- 84
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Sibina Salam @ Chippy
- Party Age
- 53
- Relation
- W/o
Plaintiffs Documents
Original settlement deed No.230/1/2018 of Kanjirappally SRO, original agreement executed between plaintiff and defendant dated 02/02/2018.
Defendants Documents
Nil
Advocates
- Party Role
- Plaintiff
- Advocate Name
- P.A Muhammed Shameer
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Other
Outcome:
Granted
Description:
Cancellation of settlement deed No.230/1/2018 executed by the plaintiff in favour of defendant.
Evidence:
Hence the plaintiff is entitled for a decree of canceling the settlement deed No.230/1/2018 dated 29/01/2018 of Kanjirappally SRO executed in favour of defendant.
Relief Type:
Other
Outcome:
Granted
Description:
Direction to the Sub Registrar to make appropriate entries regarding the cancellation.
Evidence:
The Sub Registrar, SRO, Kanjirappally is directed to make appropriate entries in the register regarding the cancellation of settlement deed.
Relief Type:
Other
Outcome:
Granted
Description:
Cost of the suit from the defendant.
Evidence:
Plaintiff is entitled to get the cost of the suit from defendant and her assets.
Documents & Evidence
Document Type:
Settlement Deed
Submitted By:
Plaintiff
Relevance:
Original settlement deed No.230/1/2018 of Kanjirappally SRO produced by the plaintiff to support the claim for cancellation.
Reference:
Ext.A1
Document Type:
Agreement
Submitted By:
Plaintiff
Relevance:
Original agreement executed between plaintiff and defendant dated 02/02/2018, showing the defendant's obligation to take care of the plaintiff.
Reference:
Ext.A2
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Kottayam
State
Kerala
Court Establishment
Munsiff Court Kanjirappally
Common Reasons
Case Code
O.S
Case Code Year
2024