Case Summary
The case involves M.K.Shailaja seeking a declaration that document No. 3539/2012 was executed by fraud and misrepresentation against her. The plaintiff seeks to cancel this document based on claims of lack of consent and consideration.
Judgment Outcome
Judgment Favored
Defendant
Relief Granted
Case Type
Civil Suit
Final Judgment
No
The court found that the suit is barred by law of limitation and dismissed the plaintiff's claims. The relief sought for declaring document No. 3539/2012 invalid was denied.
Key Reasoning:
The suit was barred by law of limitation as it was filed well after the permissible period.
The suit was barred by law of limitation as it was filed well after the permissible period.
Why Defendant Won:
The suit was barred by law of limitation as it was filed well after the permissible period.
The suit was barred by law of limitation as it was filed well after the permissible period.
Supporting Evidence
The plaintiff failed to prove that fraud or misrepresentation occurred, resulting in the dismissal of her case as barred by the law of limitation.
Judgment Evidence:
In the result, suit is dismissed with costs.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- M.K.Shailaja
- Party Age
- 58
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- A.K. Vanaja
- Party Age
- 60
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- A.K. Jalaja
- Party Age
- 50
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- A.K. Santhosh Kumar
- Party Age
- 55
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Puthenveettil Shanavas
- Party Age
- 56
- Relation
- S/o
Plaintiffs Documents
Certified copy of Janmam sale deed No. 937/1959, Certified copy of Janmam sale deed No. 3539/12, Certified copy of Release deed No. 3540/12, Encumbrance Certificate
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Smt. K.P. Regha
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sri. T.T. Sreekanth
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Smt. Soshibha.A.K
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sri. B.M. Shamsudheen
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- C. Shajiv
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- P. Shahana
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Declaration
Outcome:
Refused
Description:
Plaintiff sought a declaration that document No. 3539/2012 was executed by practicing fraud.
Evidence:
Thus, it is found that the suit is barred by law of limitation and the plaintiff is not entitled to get a relief as sought for.
Relief Type:
Cancellation
Outcome:
Refused
Description:
Plaintiff sought cancellation of document No. 3539/2012.
Evidence:
Thus, defendants are entitled to get costs of the proceedings.
Documents & Evidence
Document Type:
Certified copy of Janmam sale deed
Submitted By:
Plaintiff
Relevance:
This document was referenced as a property title document related to the case.
Reference:
Ext.A1
Document Type:
Certified copy of Janmam sale deed
Submitted By:
Plaintiff
Relevance:
This document was at the center of the fraud allegation and cancellation request.
Reference:
Ext.A2
Document Type:
Certified copy of Release Deed
Submitted By:
Plaintiff
Relevance:
This document was also executed on the same day as Ext.A2 and relates to the distribution of property.
Reference:
Ext.A3
Document Type:
Encumbrance certificate
Submitted By:
Plaintiff
Relevance:
This document was obtained by the Plaintiff to check for encumbrances on the property.
Reference:
Ext.A4
Case Classification
Case Type
Civil Suit
Category
Property and Possession Disputes
District
Kozhikode
State
Kerala
Court Establishment
Munsiff Court 2 Kozhikode
Common Reasons
Case Code
Case between M.K.Shailaja vs A.K. Vanaja et al regarding declaration and cancellation of document No. 3539/2012
Case Code Year
Case between M.K.Shailaja vs A.K. Vanaja et al regarding declaration and cancellation of document No. 3539/2012