Case Summary
The case involves Nishini, who is seeking a partition of property and a declaration of civil death for her mother and siblings who have been missing since 2002. The defendants include the State of Kerala and a cooperative bank regarding the loans taken by the missing persons.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Return of title deeds and other documents related to the property
Case Type
Civil Suit
Final Judgment
No
The court declared that the missing individuals are presumed dead and recognized Nishini as the sole legal heir entitled to the estate. The court ordered the bank to return the title deed and related documents to her.
Why Plaintiff Won:
The court found that because the missing persons had not been heard from for over 18 years, they are presumed dead under legal standards.
The court found that because the missing persons had not been heard from for over 18 years, they are presumed dead under legal standards.
Losing Side's Weaknesses:
The court found that because the missing persons had not been heard from for over 18 years, they are presumed dead under legal standards.
The court found that because the missing persons had not been heard from for over 18 years, they are presumed dead under legal standards.
Supporting Evidence
A presumption can be drawn u/s.108 of the Evidence Act that a person who is not heard for 7 years or more is dead. The plaintiff stated that Mangaleswari, Nireesh, Nishanth and Nithya are not heard since 25/12/2002.
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, Family member certificate, Police report, 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:
Declaration of civil death of Mangaleswari, Nireesh, Nishanth and Nithya.
Evidence:
they are presumed to be dead and the plaintiff is the only legal heir entitled to succeed to the estate of the said Mangaleswari, Nireesh, Nishanth and Nithya.
Relief Type:
Mandatory Injunction
Outcome:
Granted
Description:
Direction to the second defendant to return title deeds and documents to the plaintiff.
Evidence:
It is hereby direct the 2nd defendant to return title deeds and other documents to the plaintiff relating to the plaint schedule property.
Documents & Evidence
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
The document evidences the purchase of property by Neelambaran and Mangaleswari.
Reference:
Ext.A1
Document Type:
Partition Deed
Submitted By:
Plaintiff
Relevance:
The deed outlines the distribution of the property among Mangaleswari and her children.
Reference:
Ext.A2
Document Type:
Cash Receipt
Submitted By:
Plaintiff
Relevance:
This receipt shows the payment made by the plaintiff to close the loan.
Reference:
Ext.A3
Document Type:
Cash Receipt
Submitted By:
Plaintiff
Relevance:
This receipt indicates the loan closure by the plaintiff's brother Nireesh.
Reference:
Ext.A4
Document Type:
Cash Receipt
Submitted By:
Plaintiff
Relevance:
This receipt shows the settlement of the loan taken by the plaintiff's brother Nishanth.
Reference:
Ext.A5
Document Type:
Family Member Certificate
Submitted By:
Plaintiff
Relevance:
This document certifies the family relationship and the death of Neelambaran.
Reference:
Ext.A6
Document Type:
Police Report
Submitted By:
Plaintiff
Relevance:
This report relates to the missing persons complaint filed by the plaintiff.
Reference:
Ext.A7
Document Type:
Report from Village Office
Submitted By:
Plaintiff
Relevance:
This report was filed to confirm the missing status of the family members.
Reference:
Ext.A8
Case Classification
Case Type
Civil Suit
Category
Property and Possession Disputes
District
Kollam
State
Kerala
Court Establishment
Munsiff Court Kollam
Common Reasons
Missing persons
Case Code
Case between Nishini vs State of Kerala et al regarding partition and declaration of civil death
Case Code Year
Case between Nishini vs State of Kerala et al regarding partition and declaration of civil death