Case Summary
Nishini, the plaintiff, filed a suit for partition and declaration of civil death of her missing mother and siblings, who have been absent since 2002. The case involves the rights to property and title deeds that were mortgaged with a bank.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Direct the 2nd defendant to return title deeds and other documents to the plaintiff relating to the plaint schedule property.
Case Type
Civil Suit
Final Judgment
No
The court declared that the missing persons are presumed dead and stated that the plaintiff is the only legal heir entitled to the estate. The court ordered the bank to return the title deeds to the plaintiff.
Why Plaintiff Won:
The plaintiff successfully proved that her family members have been missing for more than 18 years, satisfying legal criteria for civil death.
The plaintiff successfully proved that her family members have been missing for more than 18 years, satisfying legal criteria for civil death.
Losing Side's Weaknesses:
Not available
Not available
Supporting Evidence
The plaintiff stated that Mangaleswari, Nireesh, Nishanth and Nithya are not heard since 25/12/2002. On the perusal of Exts. A3 to A5, it is clear that the plaintiff has paid the entire loan amount in the 2nd defendant bank.
Judgment Evidence:
It is hereby direct the 2nd defendant to return title deeds and other documents to the plaintiff relating to the plaint schedule property deposited for creating equitable mortgage for availing loan.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Nishini
- Party Age
- 40
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- State of Kerala
- Relation
- represented by
- Party Role
- Defendant
- Party Name
- Mayyanad Regional Co-operative Bank
- Relation
- represented by
Plaintiffs Documents
Certified copy of sale deed No. 2830/1981, Certified copy of partition deed No. 6167/2001, Cash receipt for Rs 202050, Cash receipt for Rs 204550, Cash receipt for Rs 202050, Photocopy of Family member certificate, Photocopy of police report, Photocopy of report from Village office, Mayyanad
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Somashekaran Pillai
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Nisa Fasil
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Declaration
Outcome:
Granted
Description:
Plaintiff seeks declaration of civil death for missing family members.
Evidence:
They are presumed to be dead and the plaintiff is the only legal heir entitled to succeed to the estate.
Relief Type:
Mandatory Injunction
Outcome:
Granted
Description:
Plaintiff requests for the return of title deeds and documents relating to the plaint schedule property.
Evidence:
It is hereby direct the 2nd defendant to return title deeds and other documents to the plaintiff.
Documents & Evidence
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
Proves that Neelambaran and Mangaleswari purchased 57 cents of land.
Reference:
Ext.A1
Document Type:
Partition Deed
Submitted By:
Plaintiff
Relevance:
Details the allotment of property to Mangaleswari and her children.
Reference:
Ext.A2
Document Type:
Cash Receipt
Submitted By:
Plaintiff
Relevance:
Proves the amount remitted by the plaintiff to close the loan.
Reference:
Ext.A3
Document Type:
Cash Receipt
Submitted By:
Plaintiff
Relevance:
Proves the amount remitted by Nireesh to close his loan.
Reference:
Ext.A4
Document Type:
Cash Receipt
Submitted By:
Plaintiff
Relevance:
Proves the amount remitted by Nishanth to close his loan.
Reference:
Ext.A5
Document Type:
Family Member Certificate
Submitted By:
Plaintiff
Relevance:
Certifies the death of Neelambaran and identifies the family members.
Reference:
Ext.A6
Document Type:
Police Report
Submitted By:
Plaintiff
Relevance:
Documents complaints filed regarding the missing persons.
Reference:
Ext.A7
Document Type:
Report from Village Office
Submitted By:
Plaintiff
Relevance:
Details the report from the Village Officer regarding missing persons.
Reference:
Ext.A8
Document Type:
Subsequent Reports
Submitted By:
Court
Relevance:
Third party exhibits related to the investigation of missing persons.
Reference:
Ext.X1 and X2 series
Case Classification
Case Type
Civil Suit
Category
Property and Possession Disputes
District
Kollam
State
Kerala
Court Establishment
Munsiff Court Kollam
Common Reasons
Civil death declaration
Case Code
Case between Nishini vs State of Kerala et al regarding partition
Case Code Year
Case between Nishini vs State of Kerala et al regarding partition