Case Summary
The plaintiff, Santhammal, has filed a suit against the defendants, including her son Shyjumon and others, to set aside a settlement deed executed under fraudulent circumstances. She asserts ownership over the property and claims that the defendants have no right to it.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Declaration that the settlement deed No. 2337/2016 dated 20/09/2016 is null and void; restraining the defendants from interfering with the plaintiff's possession.
Case Type
Civil Suit
Final Judgment
No
The court ruled in favor of the plaintiff, declaring the settlement deed null and void. The defendants are restrained from entering the property and the plaintiff is entitled to costs.
Why Plaintiff Won:
The settlement deed was obtained by fraud and misrepresentation, and the plaintiff proved her ownership.
The settlement deed was obtained by fraud and misrepresentation, and the plaintiff proved her ownership.
Losing Side's Weaknesses:
Not available
Not available
Supporting Evidence
By producing Exts.A1 to A10 and by deposing in tune with the plaint averments in the affidavit, the plaintiff has succeeded in proving his case. Moreover, there is no evidence to rebut the evidence adduced on the side of the plaintiff.
Judgment Evidence:
In the result, the suit is decreed in part as follows: (i) It is hereby declared that the settlement deed No. 2337/2016 dated 20/09/2016 of Kottiyam SRO is null and void. (ii) The defendants and their men are restrained from entering into the plaint schedule property...
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Santhammal
- Party Age
- 53
- Relation
- D/o
- Party Role
- Defendant
- Party Name
- Shyjumon
- Party Age
- 34
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Vignesh
- Party Age
- 7
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Vijimol. T
- Party Age
- 30
- Relation
- W/o
Plaintiffs Documents
Settlement deed No. 2337/2016, Land tax receipt dated 29/08/2018, Building tax receipt dated 01/09/2018, Causality Out Patient Tickets, Discharge summary dated 21/08/2018.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Anil Elgin Thampi
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Reeja A
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- Kishore R
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Shamla.S
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Declaration
Outcome:
Granted
Description:
Declaration that the settlement deed is null and void.
Evidence:
It is hereby declared that the settlement deed No. 2337/2016 dated 20/09/2016 of Kottiyam SRO is null and void.
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
Prohibitory injunction against the defendants from entering the property.
Evidence:
The defendants and their men are restrained from entering into the plaint schedule property and from interfering with the peaceful possession and enjoyment of the property and her residence.
Relief Type:
Recovery
Outcome:
Granted
Description:
Entitlement of the plaintiff to recover costs of the suit from the defendants.
Evidence:
The plaintiff is entitled to realise costs of the suit from the defendants.
Documents & Evidence
Document Type:
Settlement Deed
Submitted By:
Plaintiff
Relevance:
Proves the fraudulent nature of the settlement done under duress by the defendants.
Reference:
Ext.A1
Document Type:
Land Tax Receipt
Submitted By:
Plaintiff
Relevance:
Supports the plaintiff's ownership of the property.
Reference:
Ext.A2
Document Type:
Building Tax Receipt
Submitted By:
Plaintiff
Relevance:
Further establishes the plaintiff's ownership of the property.
Reference:
Ext.A3
Document Type:
Causality Out Patient Ticket
Submitted By:
Plaintiff
Relevance:
Shows the plaintiff's medical condition and dependence on the defendants.
Reference:
Ext.A4
Document Type:
Causality Out Patient Ticket
Submitted By:
Plaintiff
Relevance:
Indicates the plaintiff's medical history.
Reference:
Ext.A5
Document Type:
Causality Out Patient Ticket
Submitted By:
Plaintiff
Relevance:
Demonstrates ongoing medical treatment.
Reference:
Ext.A6
Document Type:
Discharge Summary
Submitted By:
Plaintiff
Relevance:
Evidence of hospitalization related to plaintiff's health issues.
Reference:
Ext.A7
Document Type:
Order
Submitted By:
Plaintiff
Relevance:
Related to family court proceedings relevant to the case.
Reference:
Ext.A8
Document Type:
Interim Order
Submitted By:
Plaintiff
Relevance:
Shows prior legal actions taken by the plaintiff against the defendants.
Reference:
Ext.A9
Document Type:
Certified Copy
Submitted By:
Plaintiff
Relevance:
Related to ongoing family court decisions affecting the case.
Reference:
Ext.A10
Case Classification
Case Type
Civil Suit
Category
Property and Possession Disputes
District
Kollam
State
Kerala
Court Establishment
Munsiff Court Kollam
Common Reasons
Fraud
Case Code
Case between Santhammal vs Shyjumon et al regarding declaration, permanent prohibitory injunction and recovery of possession.
Case Code Year
Case between Santhammal vs Shyjumon et al regarding declaration, permanent prohibitory injunction and recovery of possession.