Case Summary
Shaji filed a suit against Leelamma and Saimon @ Santhosh for declaring a Will as null and void. The dispute arose over the possession of a property where the first defendant is the owner and the plaintiff claims to care for her.
Judgment Outcome
Judgment Favored
Defendant
Relief Granted
Case Type
Civil Suit
Final Judgment
No
The suit was dismissed as the plaintiff failed to prove the grounds for declaring the Will as invalid. The court found no evidence indicating undue influence or coercion.
Key Reasoning:
Why Defendant Won:
The plaintiff failed to establish his case to prove that the Will was forged or obtained under undue influence, coercion or fraud.
The plaintiff failed to establish his case to prove that the Will was forged or obtained under undue influence, coercion or fraud.
Supporting Evidence
The plaintiff failed to adduce any evidence to substantiate his case. Therefore, a decree cannot be passed as sought by the plaintiff in his favour.
Judgment Evidence:
In the result, the suit is dismissed. No costs.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Shaji
- Party Age
- 44
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Leelamma
- Relation
- D/o
- Party Role
- Defendant
- Party Name
- Saimon @ Santhosh
- Party Age
- 49
- Relation
- S/o
Plaintiffs Documents
A1 27/06/2023 Land tax receipt, A2 Certified copy of sale deed No. 2971/1975
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Johnson
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Declaration
Outcome:
Refused
Description:
To declare Will Deed No. 75/3/2023 as null and void.
Evidence:
Therefore, a decree cannot be passed as sought by the plaintiff in his favour.
Relief Type:
Permanent Injunction
Outcome:
Refused
Description:
To restrain the defendants from trespassing into the plaint schedule property.
Evidence:
Thus, the point is found against the plaintiff.
Documents & Evidence
Document Type:
Tax receipt
Submitted By:
Plaintiff
Relevance:
Proves the 1st defendant's ownership and possession over the plaint schedule property.
Reference:
Ext.A1
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
Establishes title and possession of the 1st defendant over the plaint schedule property.
Reference:
Ext.A2
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Kollam
State
Kerala
Court Establishment
Munsiff Court Kollam
Common Reasons
Fraudulent execution of Will
Case Code
Case between Shaji vs Leelamma, Saimon @ Santhosh regarding declaration and permanent prohibitory injunction
Case Code Year
Case between Shaji vs Leelamma, Saimon @ Santhosh regarding declaration and permanent prohibitory injunction