Case Summary
This case involves a plaintiff, Sarada, who is seeking to declare certain documents null and void. The defendant, Vinesh, is the plaintiff's grandson, who allegedly misled the plaintiff into signing these documents.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Defendant is restrained from interfering with the possession and enjoyment of the plaint schedule property by the plaintiff. Costs of the suit to be realized from the defendant.
Case Type
Civil Suit
Final Judgment
No
The court found in favor of the plaintiff, declaring the documents in question as null and void. The defendant is also restrained from interfering with the plaintiff's possession of the property.
Why Plaintiff Won:
The evidence presented by the plaintiff was found credible and unchallenged.
The evidence presented by the plaintiff was found credible and unchallenged.
Losing Side's Weaknesses:
The evidence presented by the plaintiff was found credible and unchallenged.
The evidence presented by the plaintiff was found credible and unchallenged.
Supporting Evidence
The evidence of PW1 coupled with Ext.A1 and Ext.A2, the case put forward by the plaintiff is probable to believe and hence accepted. The points are found in favour of the plaintiff.
Judgment Evidence:
In the result, the suit is decreed as follows: 1. It is hereby declared that document Nos.3015/13 of SRO Kottakkal and 4241/15 of SRO Kuttippuram is null and void and the plaint schedule property is exclusively belong to the plaintiff.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Sarada
- Party Age
- 83
- Relation
- D/o
- Party Role
- Defendant
- Party Name
- Vinesh
- Party Age
- 25
- Relation
- S/o
Plaintiffs Documents
Certified copy of Jenm Assignment Deed Doc. No.3051/13, SRO, Kottakkal; Certified copy of Gift deed No. 4241/15, SRO, Kuttippuram.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Smt.K.Beena
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Declaration
Outcome:
Granted
Description:
To declare document Nos.3015/13 and 4241/15 as null and void.
Evidence:
It is hereby declared that document Nos.3015/13 of SRO Kottakkal and 4241/15 of SRO Kuttakkal is null and void...
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
To restrain the defendant from interfering with the possession of the plaintiff.
Evidence:
The defendant is restrained by way of perpetual injunction from interfering with the possession and enjoyment of the plaint schedule property by the plaintiff.
Relief Type:
Recovery
Outcome:
Granted
Description:
To realize the cost of the suit from the defendant.
Evidence:
The plaintiff is entitled to realize the cost of the suit from the defendant.
Documents & Evidence
Document Type:
Certified Copy of Jenm Assignment deed
Submitted By:
Plaintiff
Relevance:
This document is claimed by the plaintiff to validate her rights over the property.
Reference:
Ext.A1
Document Type:
Certified Copy of Gift Deed
Submitted By:
Plaintiff
Relevance:
This document is claimed by the plaintiff to establish the gift of property from her son.
Reference:
Ext.A2
Case Classification
Case Type
Civil Suit
Category
Property and Possession Disputes
District
Malappuram
State
Kerala
Court Establishment
Munsiff Court, Tirur / Rent Control Court
Common Reasons
Fraudulent transfer of property
Case Code
Case between Kodiyath Velu Ezhuthachan's daughter vs Pottammal Balakrishnan's son regarding declaration of documents as null and void
Case Code Year
Case between Kodiyath Velu Ezhuthachan's daughter vs Pottammal Balakrishnan's son regarding declaration of documents as null and void