Case Summary
The plaintiffs, a husband and wife, are seeking a declaration regarding their life interest in a property previously settled to their son, the second defendant. They claim that a loan taken by the second defendant against the property was unauthorized as their consent was not obtained.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
It is hereby declared that the plaintiff No.1 shall have the right to reside in the house situated in the plaint schedule property till her death and to take usufructs from it.
Case Type
Civil Suit
Final Judgment
No
The suit is decreed in favor of the plaintiffs, affirming their right to reside in the property and receive its benefits until death.
Why Plaintiff Won:
The life interest created in favor of plaintiff No.1 necessitated her consent for the loan availed by the second defendant.
The life interest created in favor of plaintiff No.1 necessitated her consent for the loan availed by the second defendant.
Losing Side's Weaknesses:
The life interest created in favor of plaintiff No.1 necessitated her consent for the loan availed by the second defendant.
The life interest created in favor of plaintiff No.1 necessitated her consent for the loan availed by the second defendant.
Supporting Evidence
It is to be seen that Ext.A1 is executed by creating life interest over the same. It is made clear in Ext.A1 that PW1 has got life interest as well as to take usufructs from the said property...
Judgment Evidence:
In the result, suit is decreed as follows: 1) It is hereby declared that the plaintiff No.1 shall have the right to reside in the house situated in the plaint schedule property till her death and to take usufructs from it...
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Lakshmikutty Amma
- Party Age
- 71
- Relation
- W/o
- Party Role
- Plaintiff
- Party Name
- Kudathankandi Madhavan Nair
- Party Age
- 82
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Kozhikode City Service Co-operative Bank
- Relation
- Represented by
- Party Role
- Defendant
- Party Name
- Chettiamkandiyil Prakashan
- Party Age
- 49
- Relation
- S/o
Plaintiffs Documents
Settlement Deed No.2425/2012 of Thamarassery SRO, Ration Cards.
Defendants Documents
Copy of documents produced by Manager Kozhikode City Service Co-operative Bank.
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri.T.V.Pradeep Kumar
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Sri. M.Nijil Dev
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- Sri.Deepu.V
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Smt. Jyothsna
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Declaration
Outcome:
Granted
Description:
Declaration that plaintiff No.1 shall have the right to reside in the house situated in the plaint schedule property till her death.
Evidence:
It is hereby declared that the plaintiff No.1 shall have the right to reside in the house situated in the plaint schedule property till her death and to take usufructs from it in view of settlement deed No.2425/2012 of Thamarassery SRO.
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
Permanent injunction restraining defendants from attaching or selling the plaint schedule property in a way that affects the life interest of plaintiff No.1.
Evidence:
The defendants are restrained from attaching or selling of plaint schedule property in such a way so as to affect the life interest of plaintiff No.1 and her right to take usufructs from the plaint schedule property till her death and from evicting her.
Relief Type:
Costs
Outcome:
Granted
Description:
Order for plaintiffs to receive costs of the suit from defendants.
Evidence:
The plaintiffs are entitled to get the costs of the suit from the defendants.
Documents & Evidence
Document Type:
Settlement Deed
Submitted By:
Plaintiff
Relevance:
The settlement deed established life interest for the first plaintiff to reside in the property.
Reference:
Ext.A1
Document Type:
Proceedings of the Tribunal
Submitted By:
Plaintiff
Relevance:
Documents related to maintenance tribunal's notices to the defendants.
Reference:
Ext.A2
Document Type:
Notice
Submitted By:
Plaintiff
Relevance:
Notice sent by the maintenance tribunal to the second plaintiff.
Reference:
Ext.A3
Document Type:
Notice
Submitted By:
Plaintiff
Relevance:
Notice sent by the maintenance tribunal to the second plaintiff.
Reference:
Ext.A4
Document Type:
Ration Card
Submitted By:
Plaintiff
Relevance:
Original ration card in the name of the first plaintiff.
Reference:
Ext.A5
Document Type:
Ration Card
Submitted By:
Plaintiff
Relevance:
Original ration card in the name of the first plaintiff.
Reference:
Ext.A6
Document Type:
Ration Card
Submitted By:
Plaintiff
Relevance:
Original ration card in the name of Smitha.
Reference:
Ext.A7
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Court's report related to the commission regarding the property.
Reference:
Ext.C1
Document Type:
Commissioner's Plan
Submitted By:
Court
Relevance:
Plan created by the advocate commissioner regarding the property.
Reference:
Ext.C(a)
Document Type:
Documents from Bank
Submitted By:
Unknown
Relevance:
Copy of documents produced by the manager of Kozhikode City Service Co-operative Bank.
Reference:
Ext.X1
Case Classification
Case Type
Civil Suit
Category
Property and Possession Disputes
District
Kozhikode
State
Kerala
Court Establishment
Munsiff Court 2 Kozhikode
Common Reasons
Unauthorized occupation
Case Code
Case between Lakshmikutty Amma et al vs Kozhikode City Service Co-operative Bank et al regarding declaration and permanent prohibitory injunction.
Case Code Year
Case between Lakshmikutty Amma et al vs Kozhikode City Service Co-operative Bank et al regarding declaration and permanent prohibitory injunction.