Case Summary
The plaintiff, Aswathy. A.S @ Nisha, seeks to set aside a sale deed executed by her mother, the first defendant, without court permission. The case involves issues of property ownership related to the plaint schedule property.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Division of plaint schedule property and setting aside of certain sale deeds
Case Type
Civil Suit
Final Judgment
No
The suit is decreed, and the property is ordered to be divided, granting the plaintiff 1/3 share. The sale deed in favor of the defendants executed by the first defendant is set aside as void concerning the plaintiff's rights.
Why Plaintiff Won:
The plaintiff proved ownership and possession over the plaint schedule property.
The plaintiff proved ownership and possession over the plaint schedule property.
Losing Side's Weaknesses:
Not available
Not available
Supporting Evidence
The plaintiff's ownership and possession over the plaint schedule property is proved by Ext.A1 and the oral evidence of PW1. The evidence of plaintiff remains unchallenged.
Judgment Evidence:
The suit is decreed as follows: (1) Plaint schedule property is ordered to be divided by metes and bounds and the plaintiff is entitled to 1/3 share over plaint schedule property. (2) Sale deed No.3906/1993 dated 20/10/1993 of Sub Registrar Office, Malayinkeezhu in favour of defendants 2 and 3 executed by the first defendant is set aside as void.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Aswathy. A.S @ Nisha
- Party Age
- 32
- Relation
- D/o
- Party Role
- Defendant
- Party Name
- Santhakumari @ Salini
- Party Age
- 62
- Relation
- D/o
- Party Role
- Defendant
- Party Name
- Rajappan
- Party Age
- 64
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Nirmala
- Party Age
- 62
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- C.S. Santhosh kumar
- Party Age
- 43
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- R.N. Manju
- Party Age
- 39
- Relation
- W/o
Plaintiffs Documents
Certified copy of Sale Deed No.538/1989, Certified copy of Sale Deed No.3906/1993, Certified copy of Settlement Deed No.339/2002
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Adv.Smt. Asha. P
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Declaration
Outcome:
Granted
Description:
Declaration setting aside the sale deed No.3906/1993 and the settlement deed No.339/2002 as void in relation to the plaintiff's rights.
Evidence:
The court declared that the sale deed No.3906/1993 dated 20/10/1993 of Sub Registrar Office, Malayinkeezhu in favour of defendants 2 and 3 executed by the first defendant and the settlement deed No.339/2002 dated 31/01/2022 executed by defendants 2 and 3 in favour of defendants 4 and 5 through Sub Registrar office, Malayinkeezhu is set aside as void so far as it relates to plaintiffs right over 1/3 share in plaint schedule property.
Relief Type:
Possession
Outcome:
Granted
Description:
Possession of 1/3 share of the plaint schedule property is awarded to the plaintiff.
Evidence:
The plaintiff is entitled to 1/3 share over the plaint schedule property as claimed.
Documents & Evidence
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
Certified copy of Sale deed No.538/1989 executed in favour of plaintiff and others, establishing the plaintiff's ownership and possession over the plaint schedule property.
Reference:
Ext.A1
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
Certified copy of Sale deed No.3906/1993 executed in favour of defendants 2 and 3 by the first defendant, which the court set aside.
Reference:
Ext.A2
Document Type:
Settlement Deed
Submitted By:
Plaintiff
Relevance:
Certified copy of Settlement deed No.339/2002 executed by defendants 2 and 3 in favour of defendants 4 and 5, which the court declared void in relation to the plaintiff's rights.
Reference:
Ext.A3
Document Type:
SSLC Certificate
Submitted By:
Plaintiff
Relevance:
Copy of the SSLC certificate of the plaintiff, establishing her educational qualifications.
Reference:
Ext.A4
Document Type:
Higher Secondary Course Certificate
Submitted By:
Plaintiff
Relevance:
Copy of the Higher Secondary course certificate of the plaintiff, supporting her educational qualifications.
Reference:
Ext.A5
Document Type:
Diploma Certificate
Submitted By:
Plaintiff
Relevance:
Copy of certificate of diploma in general nursing and midwifery, establishing further qualifications of the plaintiff.
Reference:
Ext.A6
Document Type:
Nursing Council Registration
Submitted By:
Plaintiff
Relevance:
Copy of Karnataka State Nursing Council Registration Certificate, establishing the plaintiff's professional qualifications.
Reference:
Ext.A7
Document Type:
University Certificate
Submitted By:
Plaintiff
Relevance:
Copy of certificate from Rajiv Gandhi University of Health Sciences, Karnataka, dated 05/04/2016, confirming the plaintiff's educational achievements.
Reference:
Ext.A8
Document Type:
Qualification Registration
Submitted By:
Plaintiff
Relevance:
Copy of registration certificate of additional qualification issued from Karnataka State Nursing Council, further supporting the plaintiff's qualifications.
Reference:
Ext.A9
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Thiruvananthapuram
State
Kerala
Court Establishment
Munsiff Court Thiruvananthapuram
Common Reasons
Case Code
Case between Aswathy. A.S @ Nisha vs Santhakumari @ Salini et al regarding setting aside a sale deed
Case Code Year
Case between Aswathy. A.S @ Nisha vs Santhakumari @ Salini et al regarding setting aside a sale deed