Case Summary
The plaintiff, Sasidharan Nair, is involved in a dispute with his siblings (defendants) regarding the cancellation of a partition deed and seeking injunction against their actions concerning property inherited from their parents. The case seeks to establish rightful ownership and partition of the property.
Judgment Outcome
Judgment Favored
Defendant
Relief Granted
Case Type
Civil Suit
Final Judgment
No
The court dismissed the plaintiff's suit seeking to cancel the partition deed and to partition the property, ruling in favor of the defendants.
Key Reasoning:
The plaintiff was found to have suppressed prior litigation attempts and was not credible in his claims.
The plaintiff was found to have suppressed prior litigation attempts and was not credible in his claims.
Why Defendant Won:
The plaintiff was found to have suppressed prior litigation attempts and was not credible in his claims.
The plaintiff was found to have suppressed prior litigation attempts and was not credible in his claims.
Supporting Evidence
The evidence on record shows the plaintiff has no credible claims to establish his case, and previous rulings against him were not disclosed.
Judgment Evidence:
In the result; the suit is dismissed. No costs.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Sasidharan Nair
- Party Age
- 70
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Vijaya Kumar
- Party Age
- 50
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Chandralekha
- Party Age
- 48
- Relation
- D/o
- Party Role
- Defendant
- Party Name
- Preetha
- Party Age
- 54
- Party Role
- Defendant
- Party Name
- Manoj
- Party Age
- 42
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Manju
- Party Age
- 45
- Relation
- D/o
Plaintiffs Documents
Certified copy of Partition Deed No. 2864/1961, various ration cards, and complaints made to authorities.
Defendants Documents
Copy of the plaint in OS 505/2006, injunction order and judgments from prior litigation.
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. B.S. Prasad Gandhi
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sri. B. Vasudevan Nair
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Partition
Outcome:
Refused
Description:
Granting a decree allowing partition and separation of plaintiff’s 1/6th share in ‘A’ schedule property including the tiled house situated therein and 1/7th share in the ‘C’ schedule properties and prays for canceling the partition deed No.3691/1995.
Evidence:
In light of the discussions on the foregoing issues, this court is of the view that the plaintiff is not entitled to get any reliefs in his favour.
Relief Type:
Permanent Injunction
Outcome:
Refused
Description:
Granting a decree of permanent preventive injunction restraining the defendants from creating documents, or third-party interest with respect to specific slices of suit property.
Evidence:
In this case, all of the necessary ingredients for granting a permanent injunction are found to be absent.
Documents & Evidence
Document Type:
Partition Deed
Submitted By:
Plaintiff
Relevance:
Certified copy of Partition Deed No. 2864/1961, which allocated shares in property.
Reference:
Ext.A1
Document Type:
Partition Deed
Submitted By:
Plaintiff
Relevance:
Certified copy of Partition Deed No. 3691/1995, which is being contested by the plaintiff.
Reference:
Ext.A2
Document Type:
Ration Card
Submitted By:
Plaintiff
Relevance:
Original Ration Card No. 1102040672, cited to show residence.
Reference:
Ext.A3
Document Type:
Ration Card
Submitted By:
Plaintiff
Relevance:
Original Ration Card in the name of Sri.Vasudevan Nair.
Reference:
Ext.A4
Document Type:
Ration Card
Submitted By:
Plaintiff
Relevance:
Attested copy of Ration Card No. 1102040672 of PW1.
Reference:
Ext.A5
Document Type:
Passport
Submitted By:
Plaintiff
Relevance:
Attested copy of passport No. 750675.
Reference:
Ext.A6
Document Type:
Complaint
Submitted By:
Plaintiff
Relevance:
Copy of the complaint to Chief Minister regarding property issues.
Reference:
Ext.A7
Document Type:
Receipt
Submitted By:
Plaintiff
Relevance:
Receipt dated 24/04/2021 related to complaint.
Reference:
Ext.A7(a)
Document Type:
Complaint
Submitted By:
Plaintiff
Relevance:
Complaint submitted to the Assistant Commissioner, Cantonment PS.
Reference:
Ext.A8
Document Type:
Receipt
Submitted By:
Plaintiff
Relevance:
Receipt dated 02/05/2022 related to complaint.
Reference:
Ext.A9(a)
Document Type:
Telephone Bill
Submitted By:
Plaintiff
Relevance:
Original telephone bill payment receipt.
Reference:
Ext.A10
Document Type:
FIR
Submitted By:
Plaintiff
Relevance:
Copy of the FIR in Crime No. 498/2022.
Reference:
Ext.A11
Document Type:
Encumbrance certificate
Submitted By:
Plaintiff
Relevance:
Copy of the Encumbrance Certificate.
Reference:
Ext.A12
Document Type:
Aadhar Card
Submitted By:
Plaintiff
Relevance:
Original Aadhar Card No. 4404 6962 6537 of PW1.
Reference:
Ext.A13
Document Type:
Passport
Submitted By:
Plaintiff
Relevance:
Original passports of PW1.
Reference:
Ext.A14
Document Type:
Mutual Exchange Deed
Submitted By:
Plaintiff
Relevance:
Certified copy of Mutual Exchange Deed No. 4189/1962.
Reference:
Ext.A15
Document Type:
Encumbrance certificate
Submitted By:
Plaintiff
Relevance:
Original Encumbrance Certificate.
Reference:
Ext.A16
Document Type:
Encumbrance certificate
Submitted By:
Plaintiff
Relevance:
Original Encumbrance Certificate.
Reference:
Ext.A17
Document Type:
Copy of the plaint
Submitted By:
Defendant
Relevance:
Copy of the plaint in OS 505/2006.
Reference:
Ext.B1
Document Type:
Injunction Order
Submitted By:
Defendant
Relevance:
Injunction order in OS 505/2006.
Reference:
Ext.B2
Document Type:
Judgment
Submitted By:
Defendant
Relevance:
Carbon Copy of Judgment in AS 162/2007.
Reference:
Ext.B3
Document Type:
Judgment
Submitted By:
Defendant
Relevance:
Certified copy of the judgment of the Hon’ble High Court of Kerala in R.S.A No. 1226/2009.
Reference:
Ext.B4
Document Type:
Sale deed
Submitted By:
Defendant
Relevance:
Sale deed No. 3731/2000.
Reference:
Ext.B5
Document Type:
Sale deed
Submitted By:
Defendant
Relevance:
Sale deed No. 3636/2004.
Reference:
Ext.B6
Document Type:
Sale deed
Submitted By:
Defendant
Relevance:
Sale deed No. 1462/2000.
Reference:
Ext.B7
Document Type:
Sale deed
Submitted By:
Defendant
Relevance:
Sale deed No. 1563/1997.
Reference:
Ext.B8
Document Type:
Death Certificate
Submitted By:
Defendant
Relevance:
Death certificate of Smt. S. Sarala Bai.
Reference:
Ext.B9
Document Type:
Judgment
Submitted By:
Defendant
Relevance:
Certified Copy of Judgment in OS 505/2006.
Reference:
Ext.B10
Document Type:
Copy of the plaint
Submitted By:
Defendant
Relevance:
Certified Copy of the plaint in OS 505/2006.
Reference:
Ext.B11
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Thiruvananthapuram
State
Kerala
Court Establishment
Munsiff Court Thiruvananthapuram
Common Reasons
Case Code
OS.NO.
Case Code Year
2021