Case Summary
Sherry V Vakkachan filed a suit against Shinoj Xavier and Umesh for the declaration of sale deed No.119/2016 as null and void, claiming it was executed fraudulently. The plaintiff alleges that the defendants colluded to mislead him into executing a power of attorney and subsequently a sale deed for their benefit.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Plaintiff is entitled for a declaration that sale deed No.119/2016 dated 30.01.2016 of SRO, Thalayolaparambu is null and void.
Case Type
Civil Suit
Final Judgment
No
The court decreed that the sale deed No.119/2016 is null and void, and the plaintiff is entitled to a declaration confirming this. However, the plaintiff's requests for possession and permanent prohibitory injunction were denied.
Why Plaintiff Won:
The court found that the sale deed was fraudulently executed without proper consent of the plaintiff.
The court found that the sale deed was fraudulently executed without proper consent of the plaintiff.
Losing Side's Weaknesses:
The court found that the sale deed was fraudulently executed without proper consent of the plaintiff.
The court found that the sale deed was fraudulently executed without proper consent of the plaintiff.
Supporting Evidence
Ample evidence was presented that the thumb impression in the sale deed was not that of the plaintiff, and the consideration amount was not properly proven.
Judgment Evidence:
In the result, the suit is partly decreed as follows: 1. Ext.B1 sale deed No.119/2016 is hereby set aside. 2. Plaintiff is entitled for a declaration that sale deed No.119/2016 dated 30.01.2016 of SRO, Thalayolaparambu is null and void. 3. Parties shall bear their own costs.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Sherry V Vakkachan
- Party Age
- 42
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Shinoj Xavier
- Party Age
- 34
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Umesh
- Party Age
- 38
- Relation
- S/o
Plaintiffs Documents
Original Settlement Deed No. 1106/1/15, Certified copy of Power of Attorney, Certified Copy of Sale Deed Vide No.119/2016.
Defendants Documents
Original Sale deed No:119/2016 issued from SRO Thalayolaparambu.
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Adv.P.S.Renjith
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Adv. Harikumar
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- K.Karjet
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Adv. Revathy K Kappil
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Adv. Eldho Alias
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Adv. V.R.Sudheer
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Adv.Navin Bose
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Declaration
Outcome:
Granted
Description:
Declaration that sale deed No.119/2016 dated 30.01.2016 of SRO, Thalayolaparambu is null and void.
Evidence:
Therefore it can be rightly held that Ext.B1 sale deed is null and void. Plaintiff is entitled for a declaration of the same.
Relief Type:
Recovery
Outcome:
Not Decided
Description:
Recovery of possession of plaint schedule property.
Evidence:
The plaintiff was not entitled for the relief of recovery of possession of plaint schedule property...
Relief Type:
Permanent Injunction
Outcome:
Not Decided
Description:
Permanent prohibitory injunction against the defendants.
Evidence:
The plaintiff was not entitled for the relief of recovery of possession of plaint schedule property and for consequential permanent prohibitory injunction.
Documents & Evidence
Document Type:
Settlement Deed
Submitted By:
Plaintiff
Relevance:
Original Settlement Deed No. 1106/1/15 issued from SRO Thalayolaparambu.
Reference:
Ext.A1
Document Type:
Power of Attorney
Submitted By:
Plaintiff
Relevance:
Certified copy of Power of Attorney issued from SRO Thalayolaparambu.
Reference:
Ext.A2
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
Certified Copy of Sale Deed Vide No.119/2016 issued from SRO Thalayolaparambu.
Reference:
Ext.A5
Document Type:
Sale deed
Submitted By:
Defendant
Relevance:
Original Sale deed No:119/2016 issued from SRO Thalayolaparambu.
Reference:
Ext.B1
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Commission Report filed by Adv.Shyla K.A.
Reference:
Ext.C1
Document Type:
FSL Report
Submitted By:
Court
Relevance:
Specimen Thumb Impression.
Reference:
Ext.C1(a)
Document Type:
Commission Report Plan
Submitted By:
Court
Relevance:
Commission Report filed along with a Rough Sketch and Plan.
Reference:
Ext.C2
Document Type:
Sale deed
Submitted By:
Court
Relevance:
Copy of Sale deed 1st page 119/1/16.
Reference:
Ext.C3
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Kottayam
State
Kerala
Court Establishment
Munsiff Court Vaikom
Common Reasons
Case Code
Case between Sherry V Vakkachan vs Shinoj Xavier et al regarding declaration of sale deed as null and void
Case Code Year
Case between Sherry V Vakkachan vs Shinoj Xavier et al regarding declaration of sale deed as null and void