Skip to main content
Niyamam AI Niyamam AI

Main navigation

  • Home
  • Lawyer Login
  • Lawyer Registration
  • About us
  • Contact
O.S 13/2019

Case between Manjunadhan vs Vijayappan Nair et al regarding cancellation of sale deeds and specific performance.

Court
COURT OF THE MUNSIFF, KANJIRAPPALLY
Judge
Smitha Susan Mathew
Order Date
2025-01-31
Duration
approximately-6 years 5 months
Case Code No.
13
Case Closed
Fri, 01/31/2025 - 12:00

Judgement document from eCourt website

Judgment Document
Save Case Find Similar Cases

Case Summary

The case involves Manjunadhan, represented by Ayyappan, who seeks cancellation of sale deeds and specific performance regarding a property dispute. The defendants, including Vijayappan Nair and others, denied the allegations and claimed that the transfers were valid.

Judgment Outcome

Defendant Won
Interim Order
The suit is dismissed as the plaintiff failed to establish his case regarding the alleged verbal agreement for the transfer of property.
Judgment Favored
Defendant
Relief Granted
Case Type
Civil Suit
Final Judgment
No
The suit is dismissed as the plaintiff failed to establish his case regarding the alleged verbal agreement for the transfer of property.
Key Reasoning:
The plaintiff could not prove the existence of a verbal agreement nor the transfer of payment for the property.
Why Defendant Won:
The plaintiff could not prove the existence of a verbal agreement nor the transfer of payment for the property.
Supporting Evidence
Plaintiff failed to prove that Ext.A2 and A3 documents are executed in violation to a verbal agreement and thus liable to be cancelled.

Judgment Evidence:

In the result the suit is dismissed with cost.

Parties Involved

Parties

Party Role
Plaintiff
Party Name
Manjunadhan
Party Age
47
Relation
S/o
Party Role
Defendant
Party Name
Vijayappan Nair
Party Age
59
Relation
S/o
Party Role
Defendant
Party Name
Sreelekha vijayan
Party Age
50
Relation
W/o
Party Role
Defendant
Party Name
Anilkumar
Party Age
47
Relation
S/o
Party Role
Defendant
Party Name
Sasidhan Pillai
Party Age
78
Relation
S/o
Plaintiffs Documents
Tax receipt No. KL05020210581/2018, Certified copy of Sale Deed No. 2396/18, Certified copy of Sale Deed No. 2397/18, Power of Attorney executed by Manjunadhan N.A.
Defendants Documents

Advocates

Party Role
Plaintiff
Advocate Name
D. Biju
Appearance Type
Main Counsel
Party Role
Defendant
Advocate Name
George Kurian
Appearance Type
Main Counsel
Party Role
Defendant
Advocate Name
Sajan Mathew K.
Appearance Type
Main Counsel

Reliefs

Relief Type: Cancellation
Outcome: Refused
Description:
Cancellation of sale deeds regarding plaint schedule item No.3 and item No.4.
Evidence:
Plaintiff failed to prove the alleged agreement on which he sought for specific performance.
Relief Type: Specific Performance
Outcome: Refused
Description:
Specific performance of the verbal agreement regarding plaint schedule item No.2.
Evidence:
Plaintiff could not prove any allegations raised by him in the plaint.
Relief Type: Permanent Injunction
Outcome: Refused
Description:
Permanent injunction to prevent defendants from transferring plaint schedule item No.2.
Evidence:
Plaintiff is not entitled for the decree of permanent prohibitory injunction as prayed for.

Documents & Evidence

Document Type: Tax receipt
Submitted By: Plaintiff
Relevance:
Validates the purchase of plaint schedule item No.1 property.
Reference:
Ext.A1
Document Type: Sale deed
Submitted By: Plaintiff
Relevance:
Document showing the sale of plaint schedule item No.3 property, claimed to be void.
Reference:
Ext.A2
Document Type: Sale deed
Submitted By: Plaintiff
Relevance:
Document showing the sale of plaint schedule item No.4 property, claimed to be void.
Reference:
Ext.A3
Document Type: Power of Attorney
Submitted By: Plaintiff
Relevance:
Authorizes Ayyappan to act on behalf of the plaintiff.
Reference:
Ext.A4
Document Type: Mahazar
Submitted By: Court
Relevance:
Commissioner's report indicating the condition of the properties in question.
Reference:
Ext.C1
Document Type: Rough Sketch
Submitted By: Court
Relevance:
Visual representation related to the properties assessed by the commissioner.
Reference:
Ext.C1(a)
Document Type: Report
Submitted By: Court
Relevance:
Commissioner's report detailing findings relevant to the case.
Reference:
Ext.C2
Document Type: Plan
Submitted By: Court
Relevance:
Plan attached with the Commission Report prepared by the commissioner.
Reference:
Ext.C2(a)

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
2019

Quick Facts

Location
Kanjirappally
District
Kottayam
State
Kerala
Court Establishment
Munsiff Court Kanjirappally
Case Filed
Tue, 01/01/2019 - 12:00
Case Closed
Fri, 01/31/2025 - 12:00
From
Wed, 01/01/2025 - 12:00
To
Fri, 02/28/2025 - 12:00
Outcome Confidence
75%

Involved Entities

Similar Cases

Case between Abraham Mathew et al vs Suresh Raman et al regarding suit dismissal
Court of the Munsiff, Kanjirappally
Civil Suit Defendant Won
Case between Union Bank of India vs Dhanya S., Silamban M. et al regarding non-payment of court fee.
COURT OF THE MUNSIFF, KANJIRAPPALLY
Civil Suit Defendant Won
Case between Anilkumar vs Chirakkadavu Grama Panchayath regarding withdrawal of suit.
COURT OF THE MUNSIFF, KANJIRAPPALLY
Civil Suit Plaintiff Won
Case between Joseph Antony et al vs C. M. M Educational and Charitable Trust regarding Interlocutory Application
COURT OF THE MUNSIFF, KANJIRAPPALLY
Civil Suit Unknown
Case between Anilkumar vs Chirakkadavu Grama Panchayat regarding withdrawal of suit.
COURT OF THE MUNSIFF, KANJIRAPPALLY
Civil Suit Plaintiff Won