Case Summary
Manikkoth Pradeep Kumar, the plaintiff, claims that the defendants, Mini and Kupperi Payingatt Suresh, coerced him into signing agreements that misrepresented a loan situation as a sale. The defendants deny these allegations and assert that they lawfully purchased the property.
Judgment Outcome
Judgment Favored
Defendant
Relief Granted
Case Type
Civil Suit
Final Judgment
No
The court dismissed the suit brought by Manikkoth Pradeep Kumar against Mini and Kupperi Payingatt Suresh, finding that the claims of coercion and fraud were not established.
Key Reasoning:
The plaintiff failed to establish claims of fraud, coercion, or undue influence during the execution of the document.
The plaintiff failed to establish claims of fraud, coercion, or undue influence during the execution of the document.
Why Defendant Won:
The plaintiff failed to establish claims of fraud, coercion, or undue influence during the execution of the document.
The plaintiff failed to establish claims of fraud, coercion, or undue influence during the execution of the document.
Supporting Evidence
The plaintiff has miserably failed to discharge the burden of proof cast upon him.
Judgment Evidence:
In the result, 1. The suit is dismissed.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Manikkoth Pradeep Kumar
- Party Age
- 51
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Mini
- Party Age
- 33
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Kupperi Payingatt Suresh
- Party Age
- 45
Plaintiffs Documents
Certified copy of janmam assignment of deed No. 1624/2015 executed between plaintiff and 1st defendant of SRO, Chalappuram.
Defendants Documents
Certified copy of Janmam Assignment deed no. 1624/2015 executed between plaintiff and 1st defendant of SRO, Chalappuram, Certified copy of land tax receipt issued from Valayanad Village Office.
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. V. Sunil Kumar
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sri. P. K. Sree Kumar
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Mandatory Injunction
Outcome:
Refused
Description:
The plaintiff requested for a mandatory direction to the 2nd defendant to produce and return the original agreement and title deeds before the court.
Evidence:
Considering all these aspects I find that Exbt.B1 document is not a sham document vitiated by fraud, coercion or undue influence.
Relief Type:
Setting Aside Document
Outcome:
Refused
Description:
The plaintiff sought to set aside Document No. 1624/2015.
Evidence:
The present allegations are raised only as an attempt to unlawfully extract money from the defendants, and it was only after receipt of 22,00,000/- (Rupees Twenty Two Lakhs Only) that the property was conveyed, rendering the plaintiff’s claims wholly untenable.
Documents & Evidence
Document Type:
Janmam Assignment Deed
Submitted By:
Plaintiff
Relevance:
Certified copy of janmam assignment of deed No. 1624/2015 executed between plaintiff and 1st defendant of SRO, Chalappuram.
Reference:
Ext.A1
Document Type:
Janmam Assignment Deed
Submitted By:
Defendant
Relevance:
Certified copy of Janmam Assignment deed no. 1624/2015 executed between plaintiff and 1st defendant of SRO, Chalappuram.
Reference:
Ext.B1
Document Type:
Janmam Assignment Deed
Submitted By:
Defendant
Relevance:
Certified copy of Janmam Assignment deed no. 1827/2014 of SRO, Chalappuram.
Reference:
Ext.B2
Document Type:
Janmam Assignment Deed
Submitted By:
Defendant
Relevance:
Certified copy of Janmam Assignment deed no. 1817/2014 of SRO, Chalappuram.
Reference:
Ext.B3
Document Type:
Settlement Deed
Submitted By:
Defendant
Relevance:
Original settlement deed no. 2692/05 executed between Manikkoth Sasidharan and Manikkoth Pradeep Kumar of SRO, Chalappuram.
Reference:
Ext.B4
Document Type:
Settlement Deed
Submitted By:
Defendant
Relevance:
Original Settlement deed no. 2173/2004 of SRO, Chalappuram.
Reference:
Ext.B5
Document Type:
Settlement Deed
Submitted By:
Defendant
Relevance:
Original settlement deed no. 260/2000 of SRO, Chalappuram.
Reference:
Ext.B6
Document Type:
Partition Deed
Submitted By:
Defendant
Relevance:
Original Partition deed no. 1177/1979 of SRO, Chalappuram.
Reference:
Ext.B7
Document Type:
Janman Assignment Deed
Submitted By:
Defendant
Relevance:
Original Janman Assignment deed no. 2764/1963 of SRO, Chalappuram.
Reference:
Ext.B8
Document Type:
Partition Deed
Submitted By:
Defendant
Relevance:
Original partition deed no. 1744/1962 of SRO, Chalappuram.
Reference:
Ext.B9
Document Type:
Decree
Submitted By:
Defendant
Relevance:
Certified copy of decree in OS 751/2016 of Additional Munsiff Court-ll, Kozhikode.
Reference:
Ext.B10
Document Type:
Judgment
Submitted By:
Defendant
Relevance:
Certified copy of Judgment in OS 751/2016 of Additional Munsiff Court-ll, Kozhikode.
Reference:
Ext.B10(a)
Document Type:
Judgment
Submitted By:
Defendant
Relevance:
Copy of Judgment in RSA 443/2023 of Honorable High Court of Kerala.
Reference:
Ext.B11
Document Type:
Tax receipt
Submitted By:
Defendant
Relevance:
Certified copy of land tax receipt issued from Valayanad Village Office.
Reference:
Ext.B12
Document Type:
Possession Certificate
Submitted By:
Defendant
Relevance:
Certified copy of possession certificate issued by Village Officer, Valayanad.
Reference:
Ext.B13
Document Type:
Sale Agreement
Submitted By:
Defendant
Relevance:
Original sale agreement executed between plaintiff and 1st defendant.
Reference:
Ext.B14
Document Type:
Notice
Submitted By:
Defendant
Relevance:
Original notice issued from District Registration Office, Kozhikode.
Reference:
Ext.B15
Document Type:
Pay in Slip
Submitted By:
Defendant
Relevance:
Original pay in slip issued from Kozhikode District Co-operative Bank Ltd.
Reference:
Ext.B16
Document Type:
Notice
Submitted By:
Defendant
Relevance:
Original Notice issue from District Registration Officer, Kozhikode District.
Reference:
Ext.B17
Document Type:
Adalath Information Notice
Submitted By:
Defendant
Relevance:
Adalath information notice issued from Sub Registration Office Chalappuram.
Reference:
Ext.B17(a)
Document Type:
Acknowledgment
Submitted By:
Defendant
Relevance:
Acknowledgment for receipt of money issue from Sub Registration Office Chalappuram.
Reference:
Ext.B17(b)
Document Type:
Order
Submitted By:
Defendant
Relevance:
Order passed by settlement commission. Kozhikode.
Reference:
Ext.B17(c)
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Kozhikode
State
Kerala
Court Establishment
Munsiff Court 2 Kozhikode
Common Reasons
Case Code
Case between Manikkoth Pradeep Kumar vs Mini et al regarding setting aside a document and mandatory injunction.
Case Code Year
Case between Manikkoth Pradeep Kumar vs Mini et al regarding setting aside a document and mandatory injunction.