Case Summary
Thresia Xavier and other plaintiffs are involved in a legal dispute against V.C Michael and other defendants regarding the partition of property and the cancellation of a release deed. The plaintiffs allege that the deed was executed without their consent due to their physical incapacity.
Judgment Outcome
Judgment Favored
Defendant
Relief Granted
Case Type
Civil Suit
Final Judgment
No
The court dismissed the suits filed by the plaintiffs as the plaintiffs were found to have no right over the disputed property. The plaintiffs failed to prove their claims and the deed was considered valid.
Key Reasoning:
The court found that the release deed was executed with proper procedure and the plaintiffs had received consideration for it.
The court found that the release deed was executed with proper procedure and the plaintiffs had received consideration for it.
Why Defendant Won:
The plaintiffs could not establish any incapacity to understand the transaction or that the deed was voidable.
The plaintiffs could not establish any incapacity to understand the transaction or that the deed was voidable.
Supporting Evidence
The plaintiffs have failed to prove their case and the evidence showed that they executed the deed knowingly and received consideration.
Judgment Evidence:
In the result, both the suits are dismissed. No costs.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Thresia Xavier
- Party Age
- 84
- Relation
- W/o
- Party Role
- Plaintiff
- Party Name
- Raphael
- Party Age
- 54
- Relation
- S/o
- Party Role
- Plaintiff
- Party Name
- Marina George
- Party Age
- 57
- Relation
- W/o
- Party Role
- Plaintiff
- Party Name
- Lissy Joseph
- Party Age
- 52
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- V.C Michael
- Party Age
- 64
- Relation
- S/o.
- Party Role
- Defendant
- Party Name
- V.C Joseph
- Party Age
- 58
- Relation
- S/o.
- Party Role
- Defendant
- Party Name
- Baby Babu
- Party Age
- 54
- Relation
- W/o.
- Party Role
- Defendant
- Party Name
- Treesa Johnson
- Party Age
- 49
- Relation
- W/o.
- Party Role
- Defendant
- Party Name
- Mary Thomas
- Party Age
- 80
- Relation
- W/o.
Plaintiffs Documents
Release Deed No. 2034/2018, Gift Deed No. 1764/1959, Sale Deed No. 1749/1964.
Defendants Documents
Partition Deed No. 2275/1998, Encumbrance certificate.
Advocates
- Party Role
- Plaintiff
- Advocate Name
- M. Narendrakumar
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- C.Raman
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Sajitha M.J.
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- M.S Unnikrishnan
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- K.Sunil
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Veena C.V
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Susan Jacob
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Harshadev. M.
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Partition
Outcome:
Refused
Description:
Plaintiffs requested for partition of the property.
Evidence:
The plaintiffs are not entitled to get the relief of partition of plaint schedule property as prayed for.
Relief Type:
Permanent Injunction
Outcome:
Refused
Description:
Plaintiffs requested to restrain the defendants from alienating the property.
Evidence:
Since the plaintiffs failed to prove that they have any right over plaint schedule property they are not entitled to get the relief as prayed for.
Relief Type:
Cancellation
Outcome:
Refused
Description:
Plaintiffs sought cancellation of the release deed.
Evidence:
The plaintiffs in both the suits failed to prove execution of Ext.A1 release deed is voidable and without obtaining their free will and consent.
Documents & Evidence
Document Type:
Release deed
Submitted By:
Plaintiff
Relevance:
Contested deed executed by the plaintiff releasing her rights over the property.
Reference:
Ext.A1
Document Type:
Gift Deed
Submitted By:
Plaintiff
Relevance:
Document establishing prior ownership and transfer of the property.
Reference:
Ext.A2
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
Establishes the sale of the property to Cheeku.
Reference:
Ext.A3
Document Type:
Medical Certificate
Submitted By:
Unknown
Relevance:
Related to the health condition of the plaintiff at the time of document execution.
Reference:
Ext.A4
Document Type:
Medical Records
Submitted By:
Plaintiff
Relevance:
Supporting documents regarding the plaintiff's medical condition.
Reference:
Ext.A4(a to m)
Document Type:
Documents under Right to Information Act
Submitted By:
Plaintiff
Relevance:
Documents related to the application regarding right to information.
Reference:
Ext.A5 series
Document Type:
Partition Deed
Submitted By:
Defendant
Relevance:
Establishes the partition of the property among defendants.
Reference:
Ext.B1
Document Type:
Encumbrance certificate
Submitted By:
Defendant
Relevance:
Certificate issued confirming the encumbrance status of the property.
Reference:
Ext.B2
Document Type:
Photostat Copy of Deposition Book
Submitted By:
Court
Relevance:
Relevant page confirming statements regarding execution procedures.
Reference:
Ext.X1
Document Type:
Private Attendance Report
Submitted By:
Court
Relevance:
Confirms attendance and statements made during the registration.
Reference:
Ext.X2
Document Type:
Thump Impression Register
Submitted By:
Court
Relevance:
Record of thump impressions used during the registration of documents.
Reference:
Ext.X3
Case Classification
Case Type
Civil Suit
Category
Property and Possession Disputes
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Common Reasons
Case Code
Case between Thresia Xavier et al vs V.C Michael et al regarding partition and cancellation of deed.
Case Code Year
Case between Thresia Xavier et al vs V.C Michael et al regarding partition and cancellation of deed.