Case Summary
The plaintiffs, M.V. Shafi and M.V. Shanavas, contend they are entitled to a share of their father's property, claiming that the partitions made by their father, M M. Vahabudeen, are null and void. The defendants argue against this claim and state the suit is not maintainable.
Judgment Outcome
Judgment Favored
Defendant
Relief Granted
Case Type
Civil Suit
Final Judgment
No
The suit was dismissed, with the court finding that the plaintiffs were not entitled to the reliefs they sought and that the claims made were not substantiated.
Key Reasoning:
The plaintiffs were found to have no valid claims to the relief requested.
The plaintiffs were found to have no valid claims to the relief requested.
Why Defendant Won:
The plaintiffs were found to have no valid claims to the relief requested.
The plaintiffs were found to have no valid claims to the relief requested.
Supporting Evidence
Upon a meaningful reading of the pleadings and reviewing the evidence on record, it can be seen that the plaintiffs, by indulging in suppressio veri and suggestio falsi and through clever drafting, has tried to mislead this Court by creating the illusion of a cause of action against the defendant.
Judgment Evidence:
In the result; The suit is dismissed. Considering the relationship between the parties, there is no order as costs.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- M.V. Shafi
- Party Age
- 41
- Relation
- S/o
- Party Role
- Plaintiff
- Party Name
- M.V. Shanavas
- Party Age
- 38
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- M M. Vahabudeen
- Party Age
- 69
- Party Role
- Defendant
- Party Name
- M.V. Shaji
- Party Age
- 43
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- M.V. Shereef
- Party Age
- 37
- Relation
- S/o
Plaintiffs Documents
Certified copy of Settlement deed No. 112/2014, Certified copy of deed No. 685/1978, Certified copy of Settlement deed No. 1898/2011, Certified copy of Sale deed No. 2739/2006
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. S. Shanavas
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sri.D. Arun
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sri.Sreekuttan R.C
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- Smt. Anu. V.S
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- Sri.Sunil Viswanathan
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Declaration
Outcome:
Refused
Description:
Declaration that all partitions made by the 1st defendant are null and void.
Evidence:
In light of the discussions in the foregoing issues, this court is of the view that the plaintiffs are not entitled to get the relief as prayed for.
Relief Type:
Declaration
Outcome:
Refused
Description:
Declaration that the plaintiffs ought to have got shares from the properties of the first defendant as heirs.
Evidence:
In light of the discussions in the foregoing issues, this court is of the view that the plaintiffs are not entitled to get the relief as prayed for.
Relief Type:
Possession
Outcome:
Refused
Description:
Putting up of boundary as prayed for.
Evidence:
In light of the discussions in the foregoing issues, this court is of the view that the plaintiffs are not entitled to get the relief as prayed for.
Documents & Evidence
Document Type:
Settlement Deed
Submitted By:
Plaintiff
Relevance:
Certified copy of Settlement deed No. 112/2014 was marked to establish transactions involving property.
Reference:
Ext.A1
Document Type:
Deed
Submitted By:
Plaintiff
Relevance:
Certified copy of deed No. 685/1978 was marked as part of the evidence.
Reference:
Ext.A2
Document Type:
Settlement Deed
Submitted By:
Plaintiff
Relevance:
Certified copy of Settlement deed No. 1898/2011 was marked to support claims regarding property distribution.
Reference:
Ext.A3
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
Certified copy of Sale deed No. 2739/2006 was marked to illustrate disputed property transactions.
Reference:
Ext.A4
Document Type:
Settlement Deed
Submitted By:
Unknown
Relevance:
Attested copy of settlement deed No. 112/2014 was noted as a third-party exhibit.
Reference:
Ext.X1
Document Type:
List of Certificate
Submitted By:
Unknown
Relevance:
List of certificate was produced as evidence in the case.
Reference:
Ext.X2
Document Type:
Deed
Submitted By:
Unknown
Relevance:
Certified true copy of Deed No. 685/1978 was included as a third-party exhibit.
Reference:
Ext.X3
Document Type:
Sale deed
Submitted By:
Unknown
Relevance:
Certified true copy of Sale deed No. 2739/2006 was used as evidence of property transfer.
Reference:
Ext.X4
Document Type:
Settlement Deed
Submitted By:
Unknown
Relevance:
Certified true copy of Settlement deed No. 1898/2011 was included for consideration.
Reference:
Ext.X5
Document Type:
Settlement Deed
Submitted By:
Unknown
Relevance:
Certified true copy of Settlement deed No. 112/2014 was noted as a third-party exhibit.
Reference:
Ext.X6
Document Type:
Settlement Deed
Submitted By:
Unknown
Relevance:
Certified true copy of Settlement deed No. 2850/2014 was marked for evidence.
Reference:
Ext.X7
Document Type:
Will Deed
Submitted By:
Unknown
Relevance:
Certified true copy of Will deed No. 151/2014 was included in the documentation.
Reference:
Ext.X8
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Thiruvananthapuram
State
Kerala
Court Establishment
Munsiff Court Thiruvananthapuram
Common Reasons
Case Code
OS.NO.
Case Code Year
2017