Case Summary
The plaintiffs are siblings seeking a declaration of their titles to certain properties that were part of a partition deed executed with their elder brother, the defendant. They claim that despite the partition, the defendant failed to execute a release deed as promised, leading to this suit.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Plaintiffs are entitled to get the release deed executed through the court if the defendant fails to comply.
Case Type
Civil Suit
Final Judgment
No
The court declared that the plaint A, B, C schedule properties absolutely belong to the plaintiffs. The defendant is required to execute the release deed in favor of the plaintiffs within three months.
Why Plaintiff Won:
The plaintiffs established their title over the properties through evidence and relevant documents.
The plaintiffs established their title over the properties through evidence and relevant documents.
Losing Side's Weaknesses:
The plaintiffs established their title over the properties through evidence and relevant documents.
The plaintiffs established their title over the properties through evidence and relevant documents.
Supporting Evidence
The evidence of plaintiff remains unchallenged. There is no contra evidence on record.
Judgment Evidence:
In the result, The suit is decreed as follows: (i) It is declared that plaint A, B, C schedule property absolutely belong to plaintiff 1 to 3 respectively. (ii) The defendant is directed to execute the release deed with respect to plaint schedule properties in favour of the plaintiffs within a period of three months from the date of decree.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Devaraja Singh C.I.
- Party Age
- 65
- Relation
- S/o
- Party Role
- Plaintiff
- Party Name
- Geethamani C.I
- Party Age
- 61
- Relation
- W/o
- Party Role
- Plaintiff
- Party Name
- Kalarani C.I.
- Party Age
- 58
- Relation
- D/o
- Party Role
- Defendant
- Party Name
- Wilson singh
- Party Age
- 71
- Relation
- S/o
Plaintiffs Documents
Certified copy of partition deed No.1441/1990, Tax receipts dated 25/09/2023, 18/09/2023, 23/11/2023, Certified copy of settlement deed No.661/2013 dated 15/02/2013.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. Thrumala .K.Biju Kumar
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Declaration
Outcome:
Granted
Description:
It is declared that plaint A, B, C schedule property absolutely belong to plaintiff 1 to 3 respectively.
Evidence:
The suit is decreed as follows: (i) It is declared that plaint A, B, C schedule property absolutely belong to plaintiff 1 to 3 respectively.
Relief Type:
Other
Outcome:
Granted
Description:
The defendant is directed to execute the release deed with respect to plaint schedule properties in favour of the plaintiffs within three months.
Evidence:
The defendant is directed to execute the release deed with respect to plaint schedule properties in favour of the plaintiffs within a period of three months from the date of decree.
Relief Type:
Other
Outcome:
Granted
Description:
The plaintiff is allowed to realise the cost of the suit from the defendant.
Evidence:
The plaintiff is allowed to realise the cost of the suit from the defendant.
Documents & Evidence
Document Type:
Partition Deed
Submitted By:
Plaintiff
Relevance:
Certified copy of partition deed No.1441/1990 dated 14/06/1990 of Malayinkeezhu SRO establishing title over plaint A, B, C schedule property.
Reference:
Ext.A1
Document Type:
Tax receipt
Submitted By:
Plaintiff
Relevance:
Tax receipt dated 25/09/2023 used to establish claim over property.
Reference:
Ext.A2
Document Type:
Tax receipt
Submitted By:
Plaintiff
Relevance:
Tax receipt dated 18/09/2023 used to establish claim over property.
Reference:
Ext.A3
Document Type:
Tax receipt
Submitted By:
Plaintiff
Relevance:
Tax receipt dated 23/11/2023 used to establish claim over property.
Reference:
Ext.A4
Document Type:
Settlement Deed
Submitted By:
Plaintiff
Relevance:
Certified copy of settlement deed No.661/2013 dated 15/02/2013 of Malayinkeezhu SRO relevant to the defendant's actions regarding the property.
Reference:
Ext.A5
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 Devaraja Singh C.I. et al vs Wilson singh regarding declaration and consequential reliefs
Case Code Year
Case between Devaraja Singh C.I. et al vs Wilson singh regarding declaration and consequential reliefs