Case Summary
Sherry V Vakkachan filed a suit against Shinoj Xavier and Umesh, seeking a declaration that a sale deed executed by the defendants is null and void. The plaintiff alleges that the defendants induced him to execute the deed through fraudulent means.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Declaration that sale deed No.119/2016 dated 30.01.2016 is null and void.
Case Type
Civil Suit
Final Judgment
No
The court found that the sale deed was executed fraudulently and set it aside. The plaintiff's claims regarding the deed's legitimacy were upheld.
Why Plaintiff Won:
The fraudulent nature of the sale deed was established based on the evidence and testimonies presented.
The fraudulent nature of the sale deed was established based on the evidence and testimonies presented.
Losing Side's Weaknesses:
The fraudulent nature of the sale deed was established based on the evidence and testimonies presented.
The fraudulent nature of the sale deed was established based on the evidence and testimonies presented.
Supporting Evidence
The judgment stated that the execution of the sale deed was not proved to be in accordance with the plaintiff's prior consent and was found to have been made fraudulently.
Judgment Evidence:
In the result, the suit is partly decreed as follows. 1. Ext.B1 sale deed No.119/2016 is hereby set aside. 2. Plaintiff is entitled for a declaration that sale deed No.119/2016 dated 30.01.2016 of SRO, Thalayolaparambu is null and void. 3. Parties shall bear their own costs.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Sherry V Vakkachan
- Party Age
- 42
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Shinoj Xavier
- Party Age
- 34
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Umesh
- Party Age
- 38
- Relation
- S/o
Plaintiffs Documents
Original Settlement Deed No. 1106/1/15, Certified copy of Power of Attorney, Original Pay Slip of HDFC Bank.
Defendants Documents
Original Sale deed No:119/2016.
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Adv.P.S.Renjith
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Adv. Harikumar
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- K.Karjet
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Adv. Revathy K Kappil
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Adv. Eldho Alias
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Adv. V.R.Sudheer
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Adv.Navin Bose
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Declaration
Outcome:
Granted
Description:
Declaration that sale deed No.119/2016 dated 30.01.2016 is null and void.
Evidence:
Ext.B1 sale deed No.119/2016 is hereby set aside.
Relief Type:
Possession
Outcome:
Not Decided
Description:
Recovery of possession of plaint schedule property.
Evidence:
Neither parties had adduced any evidence to prove that plaint schedule property was in their possession.
Relief Type:
Permanent Injunction
Outcome:
Not Decided
Description:
Permanent prohibitory injunction against the defendants.
Evidence:
Neither parties had adduced any evidence to prove that plaint schedule property was in their possession.
Documents & Evidence
Document Type:
Settlement Deed
Submitted By:
Plaintiff
Relevance:
Original Settlement Deed No. 1106/1/15 issued from SRO Thalayolaparambu.
Reference:
Ext.A1
Document Type:
Power of Attorney
Submitted By:
Plaintiff
Relevance:
Certified copy of Power of Attorney issued from SRO Thalayolaparambu.
Reference:
Ext.A2
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
Certified Copy of Sale Deed Vide No.119/2016 issued from SRO Thalayolaparambu.
Reference:
Ext.A5
Document Type:
Sale deed
Submitted By:
Defendant
Relevance:
Original Sale deed No:119/2016 issued from SRO Thalayolaparambu.
Reference:
Ext.B1
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Commission Report filed by Adv.Shyla K.A.
Reference:
Ext.C2
Document Type:
FSL Report
Submitted By:
Court
Relevance:
FSL report concerning the thumb impression.
Reference:
Ext.C1
Document Type:
Sketch and Plan
Submitted By:
Court
Relevance:
Rough Sketch and Plan associated with the case.
Reference:
Ext.C2(a)
Document Type:
Account Statement
Submitted By:
Unknown
Relevance:
Statement of Account No. 15181930001959 from HDFC Bank showing the financial status of one defendant.
Reference:
Ext.X1
Case Classification
Case Type
Civil Suit
Category
Property and Possession Disputes
District
Kottayam
State
Kerala
Court Establishment
Munsiff Court Vaikom
Common Reasons
Case Code
Case between Sherry V Vakkachan vs Shinoj Xavier, Umesh regarding declaration of sale deed as null and void.
Case Code Year
Case between Sherry V Vakkachan vs Shinoj Xavier, Umesh regarding declaration of sale deed as null and void.