Case Summary
The case involves KOORIKKANDIYIL ABHIRAMI, the daughter of the first defendant, who is challenging the validity of a sale deed executed by her father in favor of N. P. ASWANTH NAIR. The plaintiff claims that the sale was influenced by alcohol and is seeking a declaration that the sale deed is invalid.
Judgment Outcome
Judgment Favored
Defendant
Relief Granted
Case Type
Civil Suit
Final Judgment
No
The court ruled that the plaintiff failed to establish a valid case. The suit was dismissed with costs.
Key Reasoning:
The plaintiff did not prove the allegations of being influenced to execute the sale deed. The evidence presented supported the validity of the sale.
The plaintiff did not prove the allegations of being influenced to execute the sale deed. The evidence presented supported the validity of the sale.
Why Defendant Won:
The plaintiff did not prove the allegations of being influenced to execute the sale deed. The evidence presented supported the validity of the sale.
The plaintiff did not prove the allegations of being influenced to execute the sale deed. The evidence presented supported the validity of the sale.
Supporting Evidence
The plaintiff has not mounted the box. She has not proved the allegations before the court by any cogent evidences.
Judgment Evidence:
In the result, the suit is dismissed with costs.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- KOORIKKANDIYIL ABHIRAMI
- Party Age
- 21
- Relation
- D/o
- Party Role
- Defendant
- Party Name
- KOORIKKANDIYIL BABU @ SASIBHOOSHAN
- Party Age
- 52
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- N. P. ASWANTH NAIR
- Party Age
- 28
- Relation
- S/o
Plaintiffs Documents
Certified copy of Assignment Deed No. 1962/2021 of SRO, Kavilumpara executed by Babu @ Sasibhooshan in favour of Aswanth Nair.
Defendants Documents
Assignment Deed No. 1257/2024, Assignment Deed No. 1036/2024, Correction Deed No. 1438/2024, Basic Tax Receipt issued by Village Officer, Certificate issued by Sub Treasury Officer.
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. N.M. Kuttikrishnan
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sri. K.P. Vimesh
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sri. C.R. Biju
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Declaration
Outcome:
Refused
Description:
Decree declaring that the sale deed executed by the 1st defendant in favour of the 2nd defendant is not valid.
Evidence:
Therefore, relief of declaration is not proved before this court.
Relief Type:
Permanent Injunction
Outcome:
Refused
Description:
Decree of permanent prohibitory injunction restraining the 2nd defendant from trespassing into the plaint schedule property.
Evidence:
Therefore, she cannot claim a relief of permanent prohibitory injunction from this court.
Documents & Evidence
Document Type:
Assignment Deed
Submitted By:
Plaintiff
Relevance:
Certified copy of Assignment Deed No. 1962/2021 of SRO, Kavilumpara executed by Babu @ Sasibhooshan in favour of Aswanth Nair.
Reference:
Ext.A1
Document Type:
Assignment Deed
Submitted By:
Defendant
Relevance:
Assignment Deeds executed by Babu @ Sasibhooshan in favour of other individuals.
Reference:
Ext.B1 to B2
Document Type:
Correction Deed
Submitted By:
Defendant
Relevance:
Correction Deed No. 1438/2024 of SRO Kavilumpara executed by Babu @ Sasibhooshan in favour of Aswanth Nair.
Reference:
Ext.B3
Document Type:
Tax receipt
Submitted By:
Defendant
Relevance:
Basic Tax Receipt issued by Village Officer, Kavilumpara to Aswanth Nair.
Reference:
Ext.B4
Document Type:
Certificate
Submitted By:
Defendant
Relevance:
Certificate issued by Sub Treasury Officer, Thottilpalam.
Reference:
Ext.B5
Case Classification
Case Type
Civil Suit
Category
Property and Possession Disputes
District
Kozhikode
State
Kerala
Court Establishment
Munsiff Court, Nadapuram
Common Reasons
Invalid sale deed
Case Code
Case between KOORIKKANDIYIL ABHIRAMI vs KOORIKKANDIYIL BABU @ SASIBHOOSHAN regarding declaration and permanent prohibitory injunction
Case Code Year
Case between KOORIKKANDIYIL ABHIRAMI vs KOORIKKANDIYIL BABU @ SASIBHOOSHAN regarding declaration and permanent prohibitory injunction