Case Summary
The case involves Rehiyanathu Beevi @ Raheena suing her daughter Beena.R.V and son-in-law Afsal for a declaration that a settlement deed is null and void. The plaintiff alleges that the defendants acted with undue influence and attempted to sell the property she transferred to them.
Judgment Outcome
Judgment Favored
Defendant
Relief Granted
Case Type
Civil Suit
Final Judgment
No
The suit was dismissed as the court found no valid grounds to declare the settlement deed null and void. The plaintiff's claims regarding undue influence were not substantiated.
Key Reasoning:
The evidence did not support the plaintiff's claims of undue influence or any grounds to annul the settlement deed.
The evidence did not support the plaintiff's claims of undue influence or any grounds to annul the settlement deed.
Why Defendant Won:
The evidence did not support the plaintiff's claims of undue influence or any grounds to annul the settlement deed.
The evidence did not support the plaintiff's claims of undue influence or any grounds to annul the settlement deed.
Supporting Evidence
Having regard to the above discussion, I am of the view that there are no sufficient valid grounds to grant the relief of declaration as prayed for.
Judgment Evidence:
In the result, the suit is dismissed. No costs.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Rehiyanathu Beevi @ Raheena
- Party Age
- 68
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Beena.R.V
- Party Age
- 42
- Relation
- D/o
- Party Role
- Defendant
- Party Name
- Afsal
- Party Age
- 51
- Relation
- S/o
Plaintiffs Documents
Certified Copy of Settlement Deed No.1283/2006, Original Cancellation deed No 556/2013, Copy of Encumbrance Certificate
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri.Ajithkumar.G.S
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Sri.Mahesh Dev.M.S
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Declaration
Outcome:
Refused
Description:
To declare the settlement deed No.1283/2006 dated 23/03/2006 as null and void.
Evidence:
Having regard to the above discussion, I am of the view that there are no sufficient valid grounds to grant the relief of declaration.
Relief Type:
Permanent Injunction
Outcome:
Refused
Description:
To grant a permanent prohibitory injunction against the defendants.
Evidence:
Since the main prayer for declaration stands declined being devoid of any merits, the relief of permanent prohibitory injunction claimed against defendants also cannot be granted.
Documents & Evidence
Document Type:
Settlement Deed
Submitted By:
Plaintiff
Relevance:
Certified copy of settlement deed No.1283/2006 dated 23/03/2006 executed by the plaintiff in favor of the defendants.
Reference:
Ext.A1
Document Type:
Cancellation Deed
Submitted By:
Plaintiff
Relevance:
Cancellation deed No.556/2013 dated 30/01/2013 cancelling the prior settlement deed.
Reference:
Ext.A2
Document Type:
Encumbrance certificate
Submitted By:
Plaintiff
Relevance:
Copy of encumbrance certificate dated 23/07/2021 relevant to the plaint schedule property.
Reference:
Ext.A3
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Thiruvananthapuram
State
Kerala
Court Establishment
Munsiff Court Thiruvananthapuram
Common Reasons
Case Code
Case between Rehiyanathu Beevi @ Raheena vs Beena.R.V et al regarding declaration and injunction
Case Code Year
Case between Rehiyanathu Beevi @ Raheena vs Beena.R.V et al regarding declaration and injunction