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
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.
Judgment Evidence:
In the result, suit is dismissed.
Parties Involved
Plaintiffs
Stella (51 years years)
Palliparambil House, Aroor Village, Aroor Desom, Aroor.P.O., Cherthala Taluk
Defendants
Lucy Sebastian (82 years years)
Valiyaparambil House, Kakkanad Kara, Vazhakkala Village, Kanayannur Taluk
Joshy Sebastian (60 years years)
Valiyaparambil House, Kakkanad Kara, Vazhakkala Village, Kanayannur Taluk
Elizabeth (55 years years)
Valiyaparambil House, Kakkanad Kara, Vazhakkala Village, Kanayannur Taluk
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