Case Summary
The plaintiffs, Noorjahan M R and Muneer Khan, allege that their father's settlement deed in favor of the defendant, Haseena, was executed under undue influence. They seek to cancel the settlement deed and prevent the defendant from interfering with the property.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Cancellation of settlement deed no:5/1/24 and restraint against the defendant from committing mischief in the property.
Case Type
Civil Suit
Final Judgment
No
The court decreed the cancellation of the settlement deed and restrained the defendant from committing any mischief in the property.
Why Plaintiff Won:
The plaint averments, affidavit and the documents would establish the case of the plaintiffs. There is no evidence to rebut the evidence adduced on the side of the plaintiffs.
The plaint averments, affidavit and the documents would establish the case of the plaintiffs. There is no evidence to rebut the evidence adduced on the side of the plaintiffs.
Losing Side's Weaknesses:
Not available
Not available
Supporting Evidence
The plaint averments, affidavit and the documents would establish the case of the plaintiffs. There is no evidence to rebut the evidence adduced on the side of the plaintiffs.
Judgment Evidence:
In the result, the suit is decreed as follows; 1. It is hereby declared that settlement deed no:5/1/24 is cancelled. 2. The defendants and their men are restrained from committing any mischief in the plaint schedule property.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Noorjahan M R
- Party Age
- 37
- Relation
- W/o Naseeb
- Party Role
- Plaintiff
- Party Name
- Muneer Khan
- Party Age
- 35
- Party Role
- Defendant
- Party Name
- Haseena
- Party Age
- 38
- Relation
- W/o Musthafakunju
Plaintiffs Documents
Copy of Settlement Deed, Medical Certificate, Death Certificate
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Y Sreekumar
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- B Santhi
- Appearance Type
- Assisting Counsel
- Party Role
- Plaintiff
- Advocate Name
- Balasubrahmanyan
- Appearance Type
- Assisting Counsel
- Party Role
- Plaintiff
- Advocate Name
- S Girija
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Declaration
Outcome:
Granted
Description:
Cancellation of settlement deed no:5/1/24.
Evidence:
It is hereby declared that settlement deed no:5/1/24 is cancelled.
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
Restraining the defendants and their men from committing any mischief in the plaint schedule property.
Evidence:
The defendants and their men are restrained from committing any mischief in the plaint schedule property.
Documents & Evidence
Document Type:
Settlement Deed
Submitted By:
Plaintiff
Relevance:
Copy of Settlement Deed was presented to argue against its validity.
Reference:
Ext.A1
Document Type:
Medical Certificate
Submitted By:
Plaintiff
Relevance:
Medical Certificate was used to support the claim that the father was not in sound mind.
Reference:
Ext.A2
Document Type:
Death Certificate
Submitted By:
Plaintiff
Relevance:
Death Certificate was marked to establish the father's death.
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 Noorjahan M R et al vs Haseena regarding declaration and permanent prohibitory injunction
Case Code Year
Case between Noorjahan M R et al vs Haseena regarding declaration and permanent prohibitory injunction