Case Summary
The plaintiff, Stella, is seeking the cancellation of a gift deed that she executed in favor of her mother, the first defendant, and a prohibitory injunction against the other defendants. The defendants have been accused of attempting to manipulate the property rights against the agreement made during the transfer.
Judgment Outcome
Judgment Favored
Defendant
Relief Granted
Case Type
Civil Suit
Final Judgment
No
The court found that the plaintiff failed to prove any agreement that would justify canceling the gift deed. Consequently, the suit was dismissed and no injunction was granted.
Key Reasoning:
The plaintiff did not provide sufficient evidence to support her claims for cancellation of the gift deed and prohibitory injunction.
The plaintiff did not provide sufficient evidence to support her claims for cancellation of the gift deed and prohibitory injunction.
Why Defendant Won:
The plaintiff did not provide sufficient evidence to support her claims for cancellation of the gift deed and prohibitory injunction.
The plaintiff did not provide sufficient evidence to support her claims for cancellation of the gift deed and prohibitory injunction.
Supporting Evidence
The plaintiff has not proved that there was such an agreement that on happening of specified event which does not depend upon will of donor, ie purchase of property by 1st defendant, has happened.
Judgment Evidence:
In the result, suit is dismissed.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Stella
- Party Age
- 51
- Relation
- D/o
- Party Role
- Defendant
- Party Name
- Lucy Sebastian
- Party Age
- 82
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Joshy Sebastian
- Party Age
- 60
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Elizabeth
- Party Age
- 55
- Relation
- W/o
Plaintiffs Documents
Certified Copy of Gift deed No.3072/1995, Certified Copy of Sale deed No.198/1994, Savings bank pass book.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- O.J.Alfred
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Shibi.A.A
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Anish Raj. O.U
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- Remya Poulose
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- K.V. Arun Kumar
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Declaration
Outcome:
Refused
Description:
Cancellation of gift deed No.3072/1995.
Evidence:
Hence plaintiff is not entitled for the decree of declaration as sought for.
Relief Type:
Permanent Injunction
Outcome:
Refused
Description:
Permanent prohibitory injunction against 2nd and 3rd defendants.
Evidence:
Hence also not entitled to the decree of permanent prohibitory injunction as sought for.
Documents & Evidence
Document Type:
Gift Deed
Submitted By:
Plaintiff
Relevance:
Certified copy of the gift deed executed between plaintiff and 1st defendant.
Reference:
Ext.A1
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
Certified copy of the sale deed related to the purchase of the plaint schedule property.
Reference:
Ext.A2
Document Type:
Bank Pass Book
Submitted By:
Plaintiff
Relevance:
Savings bank pass book showing the transaction of plaintiff with Union Bank of India.
Reference:
Ext.A3
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Common Reasons
Case Code
Case between Stella vs Lucy Sebastian et al regarding cancellation of document and prohibitory injunction.
Case Code Year
Case between Stella vs Lucy Sebastian et al regarding cancellation of document and prohibitory injunction.