Case Summary
Syamala, the plaintiff, is involved in a legal dispute with Mullassery Babu and others over the cancellation of a settlement deed and claims of fraud. The suit addresses issues related to the ownership and rights over certain property.
Judgment Outcome
Judgment Favored
Defendant
Relief Granted
Case Type
Civil Suit
Final Judgment
No
The suits OS 393/2020 and OS 514/2020 were dismissed. The court found that the plaintiffs had not satisfactorily proven their claims of fraud and that the documents in question were valid.
Key Reasoning:
The plaintiffs failed to prove the allegations of fraud and misrepresentation.
The plaintiffs failed to prove the allegations of fraud and misrepresentation.
Why Defendant Won:
The plaintiffs failed to prove the allegations of fraud and misrepresentation.
The plaintiffs failed to prove the allegations of fraud and misrepresentation.
Supporting Evidence
The plaintiffs have miserably failed to discharge their burden. The issues are answered against the plaintiffs.
Judgment Evidence:
The OS 393/2020 dismissed with costs. The OS 514/2020 is dismissed with costs.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Syamala
- Party Age
- 55
- Relation
- W/o
- Party Role
- Plaintiff
- Party Name
- Geetha
- Party Age
- 53
- Relation
- D/o
- Party Role
- Defendant
- Party Name
- Mullassery Babu M
- Party Age
- 66
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Mullassery Sundaran M
- Party Age
- 61
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Sudha
- Party Age
- 58
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Sthanu
- Party Age
- 31
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Kunhikoya
- Party Age
- 74
- Relation
- S/o
Plaintiffs Documents
Certified copy of Deed No. 161/1987, Certified copy of Deed No. 839/2018, Certified copy of Deed No. 529/2020
Defendants Documents
Original Deed No. 839/2018, Original Deed No. 529/2020, Original Deed No. 87/1987, Original Deed No. 3240/1974, Original Deed No. 288/1968, Photocopy of Purchase Certificate issued from Land Tribunal Kozhikode.
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. Sanalkumar Padannappurath
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sri. P Krishnakumar
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sri. K. B Sivarama Krishnan
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Smt. Shini
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Cancellation of Document
Outcome:
Refused
Description:
Plaintiffs sought cancellation of deed No 839/2018.
Evidence:
The plaintiffs have miserably failed to discharge their burden.
Relief Type:
Declaration
Outcome:
Refused
Description:
Plaintiffs seek declaration that deed No 529/2020 is not binding.
Evidence:
The issues are answered against the plaintiffs.
Relief Type:
Permanent Injunction
Outcome:
Refused
Description:
Plaintiffs requested permanent prohibitory injunction.
Evidence:
The claim of the plaintiff that they are in joint possession of the properties is not tenable.
Documents & Evidence
Document Type:
Certified Copy of Deed
Submitted By:
Plaintiff
Relevance:
The document supports the plaintiff's claim regarding ownership and rights over the property.
Reference:
Ext.A1
Document Type:
Certified Copy of Deed
Submitted By:
Plaintiff
Relevance:
The document is the settlement deed challenged by the plaintiffs in their suit.
Reference:
Ext.A2
Document Type:
Original deed
Submitted By:
Defendant
Relevance:
The document is referenced by the defendants to establish ownership and transactions related to the property.
Reference:
Ext.B1
Document Type:
Original deed
Submitted By:
Defendant
Relevance:
The document demonstrates the sale of the property to the sixth defendant, relevant to the defendants' claims.
Reference:
Ext.B2
Document Type:
Original deed
Submitted By:
Defendant
Relevance:
Referenced to show previous ownership of the property.
Reference:
Ext.B3
Document Type:
Original deed
Submitted By:
Defendant
Relevance:
Included to validate the chain of ownership and transactions.
Reference:
Ext.B4
Document Type:
Original deed
Submitted By:
Defendant
Relevance:
Used to establish the original ownership regarding the property.
Reference:
Ext.B5
Document Type:
Photocopy of Purchase certificate
Submitted By:
Defendant
Relevance:
Provided as evidence of land rights associated with the property.
Reference:
Ext.B6
Document Type:
Land Tax Receipt
Submitted By:
Defendant
Relevance:
Used to prove the payment of land taxes for the property.
Reference:
Ext.B9
Document Type:
Land Tax Receipt
Submitted By:
Defendant
Relevance:
Another corroborating document for tax payments related to the property.
Reference:
Ext.B10
Document Type:
Location Certificate
Submitted By:
Defendant
Relevance:
Validates the location of the property as claimed by the defendants.
Reference:
Ext.B11
Document Type:
Building permit and plan
Submitted By:
Defendant
Relevance:
Evidence of planned construction on the property.
Reference:
Ext.B12
Document Type:
Possession Certificate
Submitted By:
Defendant
Relevance:
Confirms possession of the property by the defendants.
Reference:
Ext.B13
Document Type:
Rout map
Submitted By:
Defendant
Relevance:
Illustrates the property layout and context.
Reference:
Ext.B14
Document Type:
Sketch
Submitted By:
Defendant
Relevance:
Provides a visual representation of the property and its boundaries.
Reference:
Ext.B15
Case Classification
Case Type
Civil Suit
Category
Property and Possession Disputes
District
Kozhikode
State
Kerala
Court Establishment
Munsiff Court 2 Kozhikode
Common Reasons
Fraud and misrepresentation
Case Code
Case between Syamala et al vs Mullassery Babu et al regarding cancellation of documents and permanent prohibitory injunction.
Case Code Year
Case between Syamala et al vs Mullassery Babu et al regarding cancellation of documents and permanent prohibitory injunction.