Case Summary
The plaintiffs are Sheeba, Sheela, and Gladis, who seek to cancel a relinquishment deed they claim was executed under fraud by their brother, Samson, who has since passed away. The defendants, Tinu and Tevin Samson, are his children, claiming ownership of the property based on the said deed.
Judgment Outcome
Judgment Favored
Defendant
Relief Granted
Case Type
Civil Suit
Final Judgment
No
Key Reasoning:
The suit was barred by limitation as per Article 59 of the Limitation Act.
The suit was barred by limitation as per Article 59 of the Limitation Act.
Judgment Evidence:
In the result, the suit is dismissed with costs.
Parties Involved
Plaintiffs
Sheeba (60 years years)
Madathiparambil house, Kumbalangy village, Kanayannur taluk, Cochin – 682 007
Sheela (58 years years)
Edakkara house, Poonithura village, Kanayannoor taluk, Vennala P.O, Cochin
Gladis (56 years years)
Thappoladath house, S.Chittoor, Cheranelloor village, Kanayannoor taluk, Cochin – 682 027
Defendants
Tinu Samson (23 years years)
Chettiparambil house, Ernakulam village, Kanayannoor taluk, C.C. No. 36/258 (New no. 64/701), Pulleppady Lissy road, Ernakulam, Cochin – 682 017
Tevin Samson (21 years years)
Chettiparambil house, Ernakulam village, kanayannoor taluk, C.C.No. 36/258 (New no. 64/701), Pulleppady, Lissy Road, Ernakulam, Cochin – 682 017
Mini (45 years years)
Chettiparambil house, Ernakulam village, Kanayannoor taluk, C.C.No. 36/258 (New no. 64/701), Pulleppady, Lissy Road, Ernakulam, Cochin – 682 017
Reliefs
Relief Type:
Declaration
Outcome:
Refused
Description:
Setting aside document No. 3388/2000.
Evidence:
The plaintiffs have failed to establish that the execution of Doc. No. 3388/2000 is vitiated by fraud and misrepresentation.
Relief Type:
Permanent Injunction
Outcome:
Refused
Description:
Permanent prohibitory injunction restraining the defendants from using the relinquishment deed.
Evidence:
The plaintiff is found not to be entitled for the reliefs sought for.
Documents & Evidence
Document Type:
Certified copy of the document
Submitted By:
Plaintiff
Relevance:
Document assigned kudikidappu right in favor of the plaintiffs and their mother.
Reference:
Ext.A1
Document Type:
Certified copy of the document
Submitted By:
Plaintiff
Relevance:
Relinquishment deed executed by the plaintiffs in favor of their brother.
Reference:
Ext.A2
Document Type:
Certified copy of the document
Submitted By:
Plaintiff
Relevance:
Certified copy of a document related to the case.
Reference:
Ext.A3
Document Type:
Certified copy of the document
Submitted By:
Plaintiff
Relevance:
Certified copy of another document related to the case.
Reference:
Ext.A4
Document Type:
Original of the Relationship certificate
Submitted By:
Defendant
Relevance:
Establishes the relationship among parties.
Reference:
Ext.B1
Document Type:
Original of the legal heirship certificate
Submitted By:
Defendant
Relevance:
Establishes legal heirship in the property.
Reference:
Ext.B2
Document Type:
Original of the property Tax Book
Submitted By:
Defendant
Relevance:
Document discussing property tax records.
Reference:
Ext.B3
Document Type:
Property Tax Receipt
Submitted By:
Defendant
Relevance:
Establishes payment of property taxes by the defendant.
Reference:
Ext.B4
Document Type:
Original of the memo
Submitted By:
Defendant
Relevance:
Details regarding revenue recovery procedures.
Reference:
Ext.B5
Document Type:
Property Tax Receipt
Submitted By:
Defendant
Relevance:
Establishes another instance of property tax payments.
Reference:
Ext.B6
Document Type:
Original of the location sketch
Submitted By:
Defendant
Relevance:
Provides locational details of the property in dispute.
Reference:
Ext.B7
Document Type:
Original of the land tax receipt
Submitted By:
Defendant
Relevance:
Establishes land tax payment by the defendant.
Reference:
Ext.B8
Document Type:
Original pass book
Submitted By:
Defendant
Relevance:
Financial documentation relevant to the case.
Reference:
Ext.B9
Document Type:
Original certificate
Submitted By:
Defendant
Relevance:
Financial documentation relevant to legal matters.
Reference:
Ext.B10
Document Type:
Original of the lease agreement
Submitted By:
Defendant
Relevance:
Proves leasing details concerning the plaint property.
Reference:
Ext.B11
Document Type:
Copy of the plaint
Submitted By:
Defendant
Relevance:
Documentation of earlier related litigation.
Reference:
Ext.B12 series