Case Summary
The plaintiffs, Meenakshi and Durga, are the daughters of late Jayaraj, seeking to cancel a sale deed executed during their minority. The defendants, who are related to the plaintiffs, purchased the property without court sanction.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The Sale deed No.3386/2010 of SRO, Ernakulam is cancelled and set aside limitedly, in so far as it relates to the 2/3rd share of the plaintiffs.
Case Type
Civil Suit
Final Judgment
No
The court cancelled the sale deed pertaining to the plaintiffs' 2/3 share in the property, ruling that it was executed without necessary court sanction while the plaintiffs were minors.
Why Plaintiff Won:
The sale deed was found to be a sham document executed without court approval while the plaintiffs were minors.
The sale deed was found to be a sham document executed without court approval while the plaintiffs were minors.
Losing Side's Weaknesses:
The sale deed was found to be a sham document executed without court approval while the plaintiffs were minors.
The sale deed was found to be a sham document executed without court approval while the plaintiffs were minors.
Supporting Evidence
The evidence available and the pleadings on record clearly prove that the execution of the sale deed was not done with any court sanction and the plaintiffs had a right to the property.
Judgment Evidence:
In the result, the suit is decreed as follows: The Sale deed No.3386/2010 of SRO, Ernakulam is cancelled and set aside limitedly, in so far as it relates to the 2/3rd share of the plaintiffs in the plaint schedule property.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Meenakshi
- Party Age
- 20
- Relation
- D/o
- Party Role
- Plaintiff
- Party Name
- Durga
- Party Age
- 18
- Relation
- D/o
- Party Role
- Defendant
- Party Name
- Sreeraj
- Party Age
- 56
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Geetha
- Party Age
- 47
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Saritha
- Party Age
- 40
- Relation
- W/o
Plaintiffs Documents
Certified copy of the document No. 3092/2010, Certified copy of the document No. 3386/2010
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Biju A.V
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- K. Vinuraj
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- A. Balagopalan
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- A. Rajagopalan
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- M.N Manmadan
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Asher Revi Job
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Prabhu Muralikrishnan
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Vishnu Salesh
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Ralitzine Mendez
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- K. Manuraj
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Other
Outcome:
Granted
Description:
Cancellation of Sale deed No.3386/2010 of SRO, Ernakulam as it relates to the 2/3rd share of the plaintiffs.
Evidence:
The Sale deed No.3386/2010 of SRO, Ernakulam is cancelled and set aside limitedly, in so far as it relates to the 2/3rd share of the plaintiffs in the plaint schedule property.
Relief Type:
Other
Outcome:
Granted
Description:
Costs of the suit are to be recovered from the third defendant.
Evidence:
Plaintiffs are entitled to the costs of the suit from the third defendant.
Documents & Evidence
Document Type:
Certified copy of the document
Submitted By:
Plaintiff
Relevance:
This document is a certified copy of the partition deed executed among the legal heirs of the deceased Jayaraj.
Reference:
Ext.A1
Document Type:
Certified copy of the document
Submitted By:
Plaintiff
Relevance:
This document is a certified copy of the sale deed executed in favor of the 1st and 2nd defendants.
Reference:
Ext.A2
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Common Reasons
Case Code
Case between Meenakshi et al vs Sreeraj et al regarding cancellation of document
Case Code Year
Case between Meenakshi et al vs Sreeraj et al regarding cancellation of document