Case Summary
The plaintiff, Mandattil Bhaskaran, alleges that he was misled by the defendant, Mekoth Parambil Vineesh, into signing a settlement deed under false pretenses. The plaintiff seeks to declare this deed invalid and prevent the defendant from taking possession of the property.
Judgment Outcome
Judgment Favored
Defendant
Relief Granted
Case Type
Civil Suit
Final Judgment
No
The court held that the settlement deed executed by the plaintiff in favor of the defendant was valid and binding. Hence, the plaintiff's suit for declaration and injunction was dismissed.
Key Reasoning:
The court found that the plaintiff did not succeed in proving that the deed was executed under misrepresentation.
The court found that the plaintiff did not succeed in proving that the deed was executed under misrepresentation.
Why Defendant Won:
The court found that the plaintiff did not succeed in proving that the deed was executed under misrepresentation.
The court found that the plaintiff did not succeed in proving that the deed was executed under misrepresentation.
Supporting Evidence
The plaintiff failed to rebut the presumption of due execution of Ext. B2, which is in favour of the defendants.
Judgment Evidence:
In the result, the suit is dismissed with costs.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Mandattil Bhaskaran
- Party Age
- 80
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Mekoth Parambil Vineesh
- Party Age
- 41
- Relation
- S/o
Plaintiffs Documents
Certified copy of settlement deed No.1101/2019, Caveat filed by Mekkothparambu Bineesh, Copy of lawyer notice, Treatment certificates, Concern letter from hospital.
Defendants Documents
Nottary attested copy of settlement deed No.1424/71, Settlement deed No.1101/19, Cash and possession receipts, Land tax receipts.
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri.K.M.Musthafa
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Smt.V.G.Neena
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sri.K.Sivadasan
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Smt.Sajna Mohammed Ali
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Declaration
Outcome:
Refused
Description:
Plaintiff sought a declaration that document bearing registration number 1109/2019 of West Hill SRO is a false and fabricated document.
Evidence:
The issue is answered against the plaintiff.
Relief Type:
Injunction
Outcome:
Refused
Description:
Plaintiff sought a consequential prohibitory injunction restraining the defendant from trespassing into the scheduled properties.
Evidence:
The issue is answered against the plaintiff.
Documents & Evidence
Document Type:
Settlement Deed
Submitted By:
Plaintiff
Relevance:
Certified copy of settlement deed No.1101/2019 of SRO West Hill executed by Bhaskaran in favour of Bineesh.
Reference:
Ext.A1
Document Type:
Caveat
Submitted By:
Plaintiff
Relevance:
Caveat filed by Mekkothparambu Bineesh before Munsiff’s Court-1, Kozhikode.
Reference:
Ext.A2
Document Type:
Lawyer Notice
Submitted By:
Plaintiff
Relevance:
Copy of lawyer notice sent by Adv.K.M.Musthafa to Adv.G.Manoharlal.
Reference:
Ext.A3
Document Type:
Treatment Certificate
Submitted By:
Plaintiff
Relevance:
Treatment certificate issued by Dr.Imran Asvid.T to Bhaskaran.
Reference:
Ext.A4
Document Type:
Treatment Certificate
Submitted By:
Plaintiff
Relevance:
Treatment certificate issued by Kozhikode District Co-operative Hospital in the name of Savithri.
Reference:
Ext.A5
Document Type:
Concern Letter
Submitted By:
Plaintiff
Relevance:
Concern letter issued by Kozhikode District Co-operative Hospital in the name of Savithri.
Reference:
Ext.A6
Document Type:
Settlement Deed
Submitted By:
Defendant
Relevance:
Settlement deed No.1101/19 of SRO West Hill executed by Bhaskaran in favour of Bineesh.
Reference:
Ext.B2
Document Type:
Possession Certificate
Submitted By:
Defendant
Relevance:
Possession certificate in the name of Bineesh issued by Elathur Village Office.
Reference:
Ext.B5
Document Type:
Cash Receipt
Submitted By:
Defendant
Relevance:
Cash receipt in the name of Bineesh.M, issued by KSEB.
Reference:
Ext.B4
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Commission report with plan filed by Adv.Manu Arjun.
Reference:
Ext.C1
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Kozhikode
State
Kerala
Court Establishment
Munsiff Court 1 Kozhikode
Common Reasons
Case Code
Case between Mandattil Bhaskaran vs Mekoth Parambil Vineesh regarding declaration of a false and fabricated settlement deed.
Case Code Year
Case between Mandattil Bhaskaran vs Mekoth Parambil Vineesh regarding declaration of a false and fabricated settlement deed.