Case Summary
N M Mariyamma filed a suit against Daisy Thomas for a declaration that Settlement deed no.1372/2009 is null and void and to restrain the defendant from committing any acts of waste or mischief in the property. The plaintiff claims that she was evicted forcefully from the property by the defendant.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Settlement deed no.1372/2009 is declared null and void; Permanent prohibitory injunction granted.
Case Type
Civil Suit
Final Judgment
No
The suit is decreed, declaring the Settlement deed no.1372/2009 as null and void. The defendant is restrained from committing acts of waste or mischief in the property.
Why Plaintiff Won:
The plaint averments, affidavit and documents establish the plaintiff's case with no rebuttal evidence from the defendant.
The plaint averments, affidavit and documents establish the plaintiff's case with no rebuttal evidence from the defendant.
Losing Side's Weaknesses:
Not available
Not available
Supporting Evidence
The plaint averments, affidavit and the documents would establish the case of the plaintiff. There is no evidence to rebut the evidence adduced on the side of the plaintiff.
Judgment Evidence:
In the result, the suit is decreed as follows: It is hereby declared Settlement deed no.1372/2009 as null and void. The defendant is hereby restrained by a decree of permanent prohibitory injunction from committing any acts of waste or mischief in the plaint schedule property.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- N M Mariyamma
- Party Age
- 56
- Relation
- W/o Varughese
- Party Role
- Defendant
- Party Name
- Daisy Thomas
- Party Age
- 56
- Relation
- W/o N M Thomas
Plaintiffs Documents
Notarized copy of Sale Certificate, Certified copy of Settlement Deed No. 1372/2009, Certificate issued from St. Thomas Orthodox Church, Meenadom
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Prasannakumari V R
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Declaration
Outcome:
Granted
Description:
Settlement deed no.1372/2009 declared as null and void
Evidence:
It is hereby declared Settlement deed no.1372/2009 as null and void
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
Defendant restrained from committing any acts of waste or mischief in the plaint schedule property
Evidence:
The defendant is hereby restrained by a decree of permanent prohibitory injunction from committing any acts of waste or mischief in the plaint schedule property
Documents & Evidence
Document Type:
Notarized copy of Sale Certificate
Submitted By:
Plaintiff
Relevance:
This document supports the plaintiff's claim regarding the ownership of the plaint schedule property.
Reference:
Ext.A1
Document Type:
Certified Copy of Settlement Deed
Submitted By:
Plaintiff
Relevance:
This document was contested by the plaintiff and declared null and void by the court.
Reference:
Ext.A2
Document Type:
Certificate issued from St. Thomas Orthodox Church
Submitted By:
Plaintiff
Relevance:
This document provides supporting evidence relevant to the case.
Reference:
Ext.A3
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Kottayam
State
Kerala
Court Establishment
Munsiff Court, Kottayam
Common Reasons
Case Code
Case between N M Mariyamma vs Daisy Thomas regarding Declaration and Permanent Prohibitory Injunction
Case Code Year
Case between N M Mariyamma vs Daisy Thomas regarding Declaration and Permanent Prohibitory Injunction