Case Summary
This case involves a suit for declaration regarding the civil death of Kamalamma. The plaintiffs, Sailaja.E and her daughter-in-law Maya, are seeking a legal declaration as they need it for obtaining a property loan.
Judgment Outcome
Judgment Favored
Defendant
Relief Granted
Case Type
Civil Suit
Final Judgment
No
The court found that the plaintiffs are not entitled to the declaration of the civil death of Kamalamma as they are not the legal heirs. The suit was dismissed without any order as to cost.
Key Reasoning:
The plaintiffs were not entitled to relief for a declaration regarding the status of a person who is not named in the suit.
The plaintiffs were not entitled to relief for a declaration regarding the status of a person who is not named in the suit.
Why Defendant Won:
The plaintiffs were not entitled to relief for a declaration regarding the status of a person who is not named in the suit.
The plaintiffs were not entitled to relief for a declaration regarding the status of a person who is not named in the suit.
Supporting Evidence
The plaintiff is not entitled for relief of declaration as sought for.
Judgment Evidence:
In the result, the suit is dismissed. No order as to cost.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Sailaja.E
- Party Age
- 68
- Relation
- W/o
- Party Role
- Plaintiff
- Party Name
- Maya
- Party Age
- 40
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Suhruda Kumari
- Party Age
- 55
- Relation
- D/o
- Party Role
- Defendant
- Party Name
- Vanajakumari
- Party Age
- 55
- Relation
- D/o
Plaintiffs Documents
Copy of Sale deed No 96/2011, Copy of Sale deed No 97/2011, Notarized Copy of Letter from Tahsildar
Defendants Documents
NIL
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Adv.Smt. Shyni Rani
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Adv. Smt.S. Bency
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sri.Kallambalam S.Sreekumar
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Declaration
Outcome:
Refused
Description:
The plaintiffs sought a legal declaration regarding the death of Kamalamma.
Evidence:
the court cannot grant a declaration of death by directly resorting to Section 107 or 108 of Evidence Act
Documents & Evidence
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
Copy of Sale deed No 96/2011 is provided as evidence of ownership.
Reference:
Ext.A1
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
Copy of Sale deed No 97/2011 is provided as evidence of ownership.
Reference:
Ext.A2
Document Type:
Other Document
Submitted By:
Plaintiff
Relevance:
Notarized Copy of Letter from Tahsildar is related to the missing status of Kamalamma.
Reference:
Ext.A3Series
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Thiruvananthapuram
State
Kerala
Court Establishment
Munsiff Court Thiruvananthapuram
Common Reasons
Case Code
Case between Sailaja.E vs Suhruda Kumari regarding declaration of civil death
Case Code Year
Case between Sailaja.E vs Suhruda Kumari regarding declaration of civil death