Case Summary
The case involves Alinnakandy Thazhath Raghavan as the plaintiff who claims that the defendants did not provide receipts for money paid as per a settlement deed. The defendants deny any agreement and claim that the plaintiff is looking to unlawfully obtain their property.
Judgment Outcome
Judgment Favored
Defendant
Relief Granted
Case Type
Civil Suit
Final Judgment
No
The court dismissed the suit due to lack of evidence supporting the plaintiff's claims. The plaintiff failed to prove that he had complied with the settlement deed requirements.
Key Reasoning:
The defendants successfully argued that the plaintiff had no valid claim as he had not obtained the necessary receipts and did not adhere to the conditions of the settlement deed.
The defendants successfully argued that the plaintiff had no valid claim as he had not obtained the necessary receipts and did not adhere to the conditions of the settlement deed.
Why Defendant Won:
The defendants successfully argued that the plaintiff had no valid claim as he had not obtained the necessary receipts and did not adhere to the conditions of the settlement deed.
The defendants successfully argued that the plaintiff had no valid claim as he had not obtained the necessary receipts and did not adhere to the conditions of the settlement deed.
Supporting Evidence
Thus the case of PW1 in that regard as pleaded cannot be believed.
Judgment Evidence:
In the result, the suit is dismissed without costs.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Alinnakandy Thazhath Raghavan
- Party Age
- 65
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Chandran.T.P
- Party Age
- 60
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Thuvattu parambath Thazhath Asokan
- Party Age
- 57
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Devi
- Party Age
- 66
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Malu
- Party Age
- 69
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- M.K.Reetha
- Party Age
- 40
- Relation
- W/o
Plaintiffs Documents
Registered settlement deed No.2328/00 of SRO, Kakkodi, Land tax receipt, Possession certificate, Encumbrance certificate
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Smt..Savitha.M
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sri.V.P.Radhakrishnan
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Other
Outcome:
Refused
Description:
The plaintiff sought permission to deposit the amounts specified in the settlement deed to make the property free from encumbrances.
Evidence:
It is now examined whether the plaintiff had succeeded in proving his case factually and on the basis of the evidence adduced.
Documents & Evidence
Document Type:
Registered settlement deed
Submitted By:
Plaintiff
Relevance:
This document is central to the plaintiff's claim regarding the payment of amounts to the defendants and the stipulations concerning the property.
Reference:
Ext.A1
Document Type:
Land Tax Receipt
Submitted By:
Plaintiff
Relevance:
This document was submitted to establish the plaintiff's connection to the property.
Reference:
Ext.A2
Document Type:
Possession Certificate
Submitted By:
Plaintiff
Relevance:
This document supports the plaintiff's claim of possession of the property.
Reference:
Ext.A3
Document Type:
Encumbrance certificate
Submitted By:
Plaintiff
Relevance:
This document was used to corroborate the plaintiff's title and the condition of the property.
Reference:
Ext.A4
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Kozhikode
State
Kerala
Court Establishment
Munsiff Court 1 Kozhikode
Common Reasons
Case Code
Case between Alinnakandy Thazhath Raghavan vs Chandran.T.P et al regarding settlement deed enforcement
Case Code Year
Case between Alinnakandy Thazhath Raghavan vs Chandran.T.P et al regarding settlement deed enforcement