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
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.
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.
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