Case Summary
This suit involves Sarojini and her son Suresh P M against Komalam and others regarding their entitlement to a 2/4 share of the plaint schedule property owned by late Maniyan. The plaintiffs seek to declare a gift deed in favor of the defendants as void.
Judgment Outcome
Judgment Favored
Defendant
Relief Granted
Case Type
Civil Suit
Final Judgment
No
The suit was dismissed as the plaintiffs could not establish their case for entitlement over the property. The court found that the defendants had the legal right to accept the gift deed executed by the late Maniyan.
Key Reasoning:
The plaintiffs failed to prove their claim over the property and the legitimacy of the gift deed executed by Maniyan.
The plaintiffs failed to prove their claim over the property and the legitimacy of the gift deed executed by Maniyan.
Why Defendant Won:
The plaintiffs failed to prove their claim over the property and the legitimacy of the gift deed executed by Maniyan.
The plaintiffs failed to prove their claim over the property and the legitimacy of the gift deed executed by Maniyan.
Supporting Evidence
It was further admitted that there was no communication with the said Maniyan. The plaintiffs came with the allegation that the said Maniyan had got no right to execute gift deed cannot be accepted.
Judgment Evidence:
In the result, the suit is dismissed.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Sarojini
- Party Age
- 85
- Relation
- W/o Late Maniyan
- Party Role
- Plaintiff
- Party Name
- Suresh P M
- Party Age
- 55
- Relation
- S/o Late Maniyan
- Party Role
- Defendant
- Party Name
- Komalam
- Party Age
- 70
- Party Role
- Defendant
- Party Name
- Shanthi
- Party Age
- 40
- Party Role
- Defendant
- Party Name
- Vinod
- Party Age
- 38
Plaintiffs Documents
Copy of Registration of marriage, Deed of dissolution of marriage, Release deed no. 100/1980, Copy of Gift Deed no. 106/1980.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Jossy Bastian
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Declaration
Outcome:
Refused
Description:
Plaintiffs sought to declare the gift deed as null and void.
Evidence:
In the above circumstances, it can be held that the plaintiffs could not establish a case in favour of the plaintiffs.
Relief Type:
Permanent Injunction
Outcome:
Refused
Description:
Plaintiffs requested to restrain the defendants from alienating or committing any waste in the plaint schedule property.
Evidence:
Hence reliefs claimed by them cannot be allowed.
Relief Type:
Recovery
Outcome:
Refused
Description:
Plaintiffs claimed 2/4 share of the plaint schedule property.
Evidence:
In the above circumstances, it can be held that the plaintiffs could not establish a case in favour of the plaintiffs.
Documents & Evidence
Document Type:
Registration of Marriage
Submitted By:
Plaintiff
Relevance:
Document proving the marriage between the first plaintiff and Maniyan.
Reference:
Ext.A1
Document Type:
Deed of dissolution of marriage
Submitted By:
Plaintiff
Relevance:
Document indicating the legal dissolution of marriage between the first plaintiff and Maniyan.
Reference:
Ext.A2
Document Type:
Release deed
Submitted By:
Plaintiff
Relevance:
Document demonstrating the transfer of rights over the plaint schedule property by Janaki to Maniyan.
Reference:
Ext.A3
Document Type:
Gift Deed
Submitted By:
Plaintiff
Relevance:
Document relevant to the transfer of property in favor of the defendants.
Reference:
Ext.A4
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 Sarojini vs Komalam et al regarding recovery of share and declaration of document as void.
Case Code Year
Case between Sarojini vs Komalam et al regarding recovery of share and declaration of document as void.