Case Summary
Justin filed a suit against his elder sister Lillykutty to set aside a cancellation deed and obtain a permanent injunction. The plaintiff claims that the cancellation deed was executed fraudulently by the defendant, attempting to regain possession of the property.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Cancellation of deed No. 1249/2011 and permanent injunction against the defendant.
Case Type
Civil Suit
Final Judgment
No
The court decreed in favor of the plaintiff, setting aside the cancellation deed and permanently restraining the defendant from interfering with the plaintiff's possession of the property.
Why Plaintiff Won:
The cancellation deed was found to be executed fraudulently and unilaterally, violating legal standards regarding property rights.
The cancellation deed was found to be executed fraudulently and unilaterally, violating legal standards regarding property rights.
Losing Side's Weaknesses:
The cancellation deed was found to be executed fraudulently and unilaterally, violating legal standards regarding property rights.
The cancellation deed was found to be executed fraudulently and unilaterally, violating legal standards regarding property rights.
Supporting Evidence
The evidence of PW1 coupled with the evidence of PW2 and Exts. A1 to A4 and A6 documents would prove the case of the plaintiff. The evidence adduced by the plaintiffs evince that the apprehension of the plaintiffs regarding the trespass over the plaint schedule property ... is genuine.
Judgment Evidence:
In the result, the suit is decreed with costs as follows: 1. Cancellation deed No. 1249/2011 dated 05/04/2011 of Kundara SRO is hereby set aside. 2. The defendant is permanently restrained from entering into the plaint schedule property.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Justin
- Party Age
- 62
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Lillykutty
- Party Age
- 64
- Relation
- D/o
Plaintiffs Documents
Sale Deed No. 898/1992, Settlement Deed No. 3608/2009, Release Deed No. 2839/2010, Release Deed No. 497/2011, Encumbrance Certificate dated 05/04/2024.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Prakash Sathyanathan
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
The defendant is permanently restrained from entering and making alterations to the plaint schedule property.
Evidence:
The defendant is permanently restrained from entering into the plaint schedule property or subletting the plaint schedule property to others and making any kind of alterations or doing any other acts of waste to the plaint schedule property.
Relief Type:
Declaration
Outcome:
Granted
Description:
Cancellation deed No. 1249/2011 dated 05/04/2011 is set aside.
Evidence:
Cancellation deed No. 1249/2011 dated 05/04/2011 of Kundara SRO is hereby set aside.
Relief Type:
Cost Recovery
Outcome:
Granted
Description:
Plaintiff is entitled to recover the costs of the suit from the defendant.
Evidence:
Plaintiff is also entitled to realise the costs of the suit from the defendant.
Documents & Evidence
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
This document establishes the plaintiff's ownership and rights over the plaint schedule property.
Reference:
Ext.A1
Document Type:
Settlement Deed
Submitted By:
Plaintiff
Relevance:
This document further consolidates the plaintiff's claim to the property by detailing rights inherited through their mother.
Reference:
Ext.A2
Document Type:
Release deed
Submitted By:
Plaintiff
Relevance:
This document shows that the defendant voluntarily relinquished her share of the property to the plaintiff.
Reference:
Ext.A3
Document Type:
Release deed
Submitted By:
Plaintiff
Relevance:
This second release deed highlights additional rights obtained by the plaintiff from other siblings regarding the property.
Reference:
Ext.A4
Document Type:
Commission Report
Submitted By:
Court
Relevance:
This report provides evidence that the plaint schedule properties exist within well-defined boundaries.
Reference:
Ext.C1
Document Type:
Encumbrance certificate
Submitted By:
Plaintiff
Relevance:
This certificate supports the plaintiff's claim regarding clear title and absence of encumbrances on the plaint schedule property.
Reference:
Ext.A6
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Kollam
State
Kerala
Court Establishment
Munsiff Court Kollam
Common Reasons
Case Code
Case between Justin vs Lillykutty regarding setting aside the Cancellation Deed and Permanent prohibitory injunction
Case Code Year
Case between Justin vs Lillykutty regarding setting aside the Cancellation Deed and Permanent prohibitory injunction