Case Summary
The case involves Nizamudheen, the defendant, who has filed a petition to impound a mortgage deed dated 08.04.2021, claiming it is insufficiently stamped. Sabeen Khader, the plaintiff, is contesting this claim and asserting her rights over the property.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The counter petitioner/plaintiff/counter claim defendant is directed to pay 20 times of the deficient stamp duty plus the deficient stamp duty for the above said document within 10 days.
Case Type
Civil Suit
Final Judgment
No
The court found in favor of the petitioner, allowing the application to impound the mortgage deed due to insufficient stamping. The defendant is required to pay the deficient stamp duty with a penalty.
Why Plaintiff Won:
The document was found to be insufficiently stamped as per the provisions of the Kerala Stamp Act.
The document was found to be insufficiently stamped as per the provisions of the Kerala Stamp Act.
Losing Side's Weaknesses:
Not available
Not available
Supporting Evidence
The document dated 08.04.2021 styled as mortgage deed is insufficiently stamped and it requires stamp duty as per Article 37 r/w Article 21 of the schedule of Kerala Stamp Act, 1959.
Judgment Evidence:
In the result, the petition is allowed directing the counter petitioner/plaintiff/ counter claim defendant to pay 20 times of the deficient stamp duty plus the deficient stamp duty for the above said document as per Article 37 of Schedule of Kerala Stamp Act, 1959 within 10 days from the date of the order before the office of this court failing which the said document shall be forwarded to the collector.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Sabeen Khader
- Party Age
- 42
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Nizamudheen
- Party Age
- 51
- Relation
- S/o
Plaintiffs Documents
Original Mortgage deed dated 08.04.2021
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. A. Abdul Kharim
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sri. K.S. Satheesh Kumar
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Other
Outcome:
Granted
Description:
The court allowed the petition to impound the insufficiently stamped mortgage deed.
Evidence:
Hence, Point No. 1 is found in favor of the petitioner.
Documents & Evidence
Document Type:
Mortgage Deed
Submitted By:
Plaintiff
Relevance:
This document was presented by the plaintiff as evidence and identified as insufficiently stamped.
Reference:
Ext.A1
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Thiruvananthapuram
State
Kerala
Court Establishment
Munsiff Court Thiruvananthapuram
Common Reasons
Dispute over mortgage deed validity
Case Code
OS.NO.
Case Code Year
2022