Case Summary
The suit involves the plaintiff seeking to cancel a document falsely executed by the defendant, claiming financial assistance. The plaintiff, an illiterate individual, was misled into signing a sale deed instead of a mortgage deed by her son, the defendant.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Cancellation of document, Permanent prohibitory injunction
Case Type
Civil Suit - Cancellation of Document
Final Judgment
No
Why Plaintiff Won:
Reason not clearly mentioned
Reason not clearly mentioned
Judgment Evidence:
In the result the suit is decreed as follows: 1. It is here by declared that the document No. 707/1998 of Sub Registrar Office Kalpakanchery is not binding on the plaintiff and the above deed stands to be canceled. 2. The defendant is hereby restrained by way of permanent prohibitory injunction from making any obstruction to the peaceful possession of the Plaintiff Schedule Property. 3. The defendant shall pay costs of the suit.
Parties Involved
Plaintiffs
Kathiya Umma (70 years)
Thozhannur desom, P.O.Kuruka, Tirur Taluk.
Defendants
Ahammedukutty (52 years)
Thozhannur desom, P.O.Kuruka, Tirur Taluk.
Reliefs
Relief Type:
Cancellation of Document
Outcome:
Granted
Description:
Cancellation of document No. 707/1998
Evidence:
Evidence provided by the plaintiff proved the necessity to cancel the document.
Relief Type:
Permanent Prohibitory Injunction
Outcome:
Granted
Description:
Defendant restrained from obstructing peaceful possession
Evidence:
Court order delineated permanent prohibitory injunction against the defendant.
Documents & Evidence
Document Type:
Certified Copy of Jenm Assignment deed
Submitted By:
Plaintiff
Relevance:
Shows the ownership of the plaintiff over the property
Reference:
Ext. A1
Document Type:
Certified Copy of Jenm Assignment deed
Submitted By:
Plaintiff
Relevance:
Reveals the unauthorized execution of the sale deed in favor of the defendant
Reference:
Ext. A2