Case Summary
Mr. Joseph D' Souza filed a suit against Mr. John D'Souza and Mr. Robert D'Souza regarding compliance with the conditions of a will related to property inheritance. The defendants did not respond to the plaintiff's offers to settle the matter according to the will's instructions.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Mandatory injunction directing defendants to accept Rs. 1,500/- along with interest and execute necessary receipts.
Case Type
Civil Suit
Final Judgment
No
Why Plaintiff Won:
The unchallenged proof affidavit and documents satisfactorily proved the plaint claim.
The unchallenged proof affidavit and documents satisfactorily proved the plaint claim.
Judgment Evidence:
In the result, the suit is decreed by a mandatory injunction directing the defendants No.1 & 2 to accept Rs. 1,500/- (Rupees One Thousand Five Hundred Only) along with interest @ 6% per annum from 21-07-1997 as per the direction / stipulation made in the Will.
Parties Involved
Plaintiffs
Mr.Joseph D’ Souza (72 years years)
Valiyakattath house, Ponnarimanglam, Mulavukad P.O, Pin – 682 504
Defendants
Mr.John D’Souza (90 years years)
B/4, Sterling Apartment, TAM – Talar, Small Carpentry Road, Vasai (W), Thane (Maharashtra), Pin – 401 201
Mr.Robert D’Souza (87 years years)
Jai Balaji Apartment, 204, II nd Floor, (Opp) Bethel Church, Near Glad Apartment, Thane District, Ambernath (W), Pin – 421 505
Reliefs
Relief Type:
Mandatory Injunction
Outcome:
Granted
Description:
A mandatory injunction directing the defendants to accept the payment and execute necessary receipts.
Evidence:
The suit is decreed by a mandatory injunction directing the defendants No.1 & 2 to accept Rs. 1,500/- along with interest @ 6% per annum from 21-07-1997 as per the direction / stipulation made in the Will.
Documents & Evidence
Document Type:
Will
Submitted By:
Plaintiff
Relevance:
The will provides the basis for the plaintiff’s claim and stipulates the conditions regarding payment to the defendants.
Reference:
Ext.A1
Document Type:
Death Certificate
Submitted By:
Plaintiff
Relevance:
Establishes the death of Dominic D'Souza, relevant for the commencement of the will's conditions.
Reference:
Ext.A2
Document Type:
Death Certificate
Submitted By:
Plaintiff
Relevance:
Establishes the death of Magdalena D'Souza, relevant for the commencement of the will's conditions.
Reference:
Ext.A3
Document Type:
Lawyer Notice
Submitted By:
Plaintiff
Relevance:
Notifies the defendants of the plaintiff's intent to pay as per the will's stipulations.
Reference:
Ext.A4
Document Type:
AD card
Submitted By:
Plaintiff
Relevance:
Evidence of the lawyer notice being sent.
Reference:
Ext.A5
Document Type:
Returned Cover
Submitted By:
Plaintiff
Relevance:
Evidence of unclaimed notice sent to the defendants.
Reference:
Ext.A6
Document Type:
Lawyer Notice
Submitted By:
Plaintiff
Relevance:
Office copy of the notice sent to the defendants regarding payment.
Reference:
Ext.A7
Document Type:
Lawyer Notice Reply
Submitted By:
Plaintiff
Relevance:
Reply to the lawyer notice from the defendants.
Reference:
Ext.A8
Document Type:
Returned Cover
Submitted By:
Plaintiff
Relevance:
Evidence of the notice being returned.
Reference:
Ext.A9
Document Type:
Death Certificate
Submitted By:
Plaintiff
Relevance:
Establishes the death of Antony Paduva, though not directly relevant to the core issue.
Reference:
Ext.A10