Case Summary
P K Vijayappan filed a suit against Santhamma Somarajan and others to challenge a settlement deed executed in favor of their missing brother K.K. Shaji. The plaintiff contends that the deed was executed without legal authority as the mother was mentally unfit.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Costs awarded to the plaintiff.
Case Type
Civil Suit
Final Judgment
No
The court decreed the suit in favor of the plaintiff, setting aside the Settlement Deed No. 3223 of 2011 executed by the mother. The deed was found to have been executed without authority.
Why Plaintiff Won:
The court found the settlement deed lacked legal authority and was executed while the mother was mentally unfit.
The court found the settlement deed lacked legal authority and was executed while the mother was mentally unfit.
Losing Side's Weaknesses:
Not available
Not available
Supporting Evidence
Exhibit A1 proves that the plaint schedule property stood in the joint names of the parents of the plaintiff and the defendant. The mother’s undivided one-third share did not empower her to settle the entire property in favour of one son, to the exclusion of the others.
Judgment Evidence:
In view of the above, the suit is decreed ex parte. Settlement Deed No. 3223 of 2011 of the Kottayam Sub Registrar Office executed by the mother of the plaintiff and the defendant in favour of K.K. Shaji is hereby set aside.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- P K Vijayappan
- Party Age
- 57
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Santhamma Somarajan
- Party Age
- 62
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- P K Thankappan
- Party Age
- 60
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Krishnan Kutty P K
- Party Age
- 55
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- P K Sasi
- Party Age
- 53
- Relation
- S/o
Plaintiffs Documents
Original Title deed No. 1419/2000, Impugned settlement deed No.3223/2011, Death certificates of parents, Encumbrance certificate, Relinquishment deeds, Agreement to relinquish rights.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- E A Rajesh
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Declaration
Outcome:
Granted
Description:
Settlement Deed No. 3223 of 2011 set aside.
Evidence:
In view of the above, the suit is decreed ex parte. Settlement Deed No. 3223 of 2011 of the Kottayam Sub Registrar Office executed by the mother of the plaintiff and the defendant in favour of K.K. Shaji is hereby set aside.
Documents & Evidence
Document Type:
Original Title Deed
Submitted By:
Plaintiff
Relevance:
Proves that the plaint schedule property stood in the joint names of the parents of the plaintiff and the defendant.
Reference:
Ext.A1
Document Type:
Settlement Deed
Submitted By:
Plaintiff
Relevance:
Impugned settlement deed executed by the mother of the plaintiff and the defendant in favour of K.K. Shaji.
Reference:
Ext.A2
Document Type:
Death Certificate
Submitted By:
Plaintiff
Relevance:
Establishes the death of the parents.
Reference:
Ext.A3
Document Type:
Death Certificate
Submitted By:
Plaintiff
Relevance:
Establishes the death of the parents.
Reference:
Ext.A4
Document Type:
Encumbrance certificate
Submitted By:
Plaintiff
Relevance:
Shows when the plaintiff first obtained knowledge of the instrument sought to be set aside.
Reference:
Ext.A5
Document Type:
Relinquishment Deed
Submitted By:
Plaintiff
Relevance:
Indicates that the co-owners relinquished their rights in favour of the plaintiff.
Reference:
Ext.A6
Document Type:
Agreement to Relinquish Rights
Submitted By:
Plaintiff
Relevance:
Shows agreement to execute a further registered deed in the future.
Reference:
Ext.A7
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Kottayam
State
Kerala
Court Establishment
Munsiff Court, Kottayam
Common Reasons
Case Code
Case between P K Vijayappan vs Santhamma Somarajan et al regarding challenge to Settlement Deed.
Case Code Year
Case between P K Vijayappan vs Santhamma Somarajan et al regarding challenge to Settlement Deed.