Case Summary
The case involves Syamala, who is the plaintiff, against multiple defendants including Mullassery Babu. The plaintiffs claim that a deed executed under duress and misrepresentation needs to be cancelled, as it was made without their consent related to property ownership.
Judgment Outcome
Judgment Favored
Defendant
Relief Granted
Case Type
Civil Suit
Final Judgment
No
Both suits were dismissed with costs. The court found the plaintiffs failed to prove their claims regarding fraud and misrepresentation in the execution of the deed.
Key Reasoning:
The court found that the defendants did not act fraudulently and that the plaintiffs had some educational background, negating claims of misrepresentation.
The court found that the defendants did not act fraudulently and that the plaintiffs had some educational background, negating claims of misrepresentation.
Why Defendant Won:
The court found that the defendants did not act fraudulently and that the plaintiffs had some educational background, negating claims of misrepresentation.
The court found that the defendants did not act fraudulently and that the plaintiffs had some educational background, negating claims of misrepresentation.
Supporting Evidence
The plaintiffs have miserably failed to discharge their burden. The evidence of the PW1 and PW2 does not inspire the confidence of the court.
Judgment Evidence:
In the result, The OS 393/2020 dismissed with costs. The OS 514/2020 is dismissed with costs.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Syamala
- Party Age
- 55
- Relation
- W/o
- Party Role
- Plaintiff
- Party Name
- Geetha
- Party Age
- 53
- Relation
- D/o
- Party Role
- Defendant
- Party Name
- Mullassery Babu M
- Party Age
- 66
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Mullassery Sundaran M
- Party Age
- 61
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Sudha
- Party Age
- 58
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Sthanu
- Party Age
- 31
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Kunhikoya
- Party Age
- 74
- Relation
- S/o
Plaintiffs Documents
Certified copy of Deed No. 161/1987, Certified copy of Deed No. 839/2018, Certified copy of Deed No. 529/2020
Defendants Documents
Original Deed No. 839/2018, Original Deed No. 529/2020, Original Deed No. 87/1987, Original Deed No. 3240/1974, Original Deed No. 288/1968, Photocopy of Purchase Certificate issued from Land Tribunal Kozhikode.
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. Sanalkumar Padannappurath
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sri. P Krishnakumar
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sri. K. B Sivarama Krishnan
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Smt. Shini
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Cancellation
Outcome:
Rejected
Description:
Cancellation of settlement deed No. 839/2018.
Evidence:
The plaintiffs have miserably failed to discharge their burden.
Relief Type:
Declaration
Outcome:
Rejected
Description:
Declaration that the deed No. 529/2020 is not binding.
Evidence:
The claim of the plaintiff is not tenable.
Relief Type:
Permanent Injunction
Outcome:
Rejected
Description:
Permanent prohibitory injunction against the defendants.
Evidence:
The claim of the plaintiff that they are in joint possession of the properties is not tenable.
Documents & Evidence
Document Type:
Deed
Submitted By:
Plaintiff
Relevance:
Certified copy of Deed No. 161/1987 relevant to ownership of the property.
Reference:
Ext.A1
Document Type:
Deed
Submitted By:
Plaintiff
Relevance:
Certified copy of Deed No. 839/2018, a settlement deed being challenged for cancellation.
Reference:
Ext.A2
Document Type:
Deed
Submitted By:
Plaintiff
Relevance:
Certified copy of Deed No. 529/2020, sale deed relevant to the property.
Reference:
Ext.A3
Document Type:
Deed
Submitted By:
Defendant
Relevance:
Original Deed No. 839/2018, the settlement deed.
Reference:
Ext.B1
Document Type:
Deed
Submitted By:
Defendant
Relevance:
Original Deed No. 529/2020, the sale deed.
Reference:
Ext.B2
Document Type:
Deed
Submitted By:
Defendant
Relevance:
Original Deed No. 87/1987, further demonstrating ownership lineage.
Reference:
Ext.B3
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 Syamala et al vs Mullassery Babu et al regarding cancellation of document and permanent prohibitory injunction
Case Code Year
Case between Syamala et al vs Mullassery Babu et al regarding cancellation of document and permanent prohibitory injunction