Case Summary
Umadevi. K filed a suit against Venugopalan Nair for the cancellation of sale deeds and for a declaration regarding her ownership of certain property. The plaintiff claims the documents were executed as security for a loan, while the defendant argues they represent a valid sale.
Judgment Outcome
Judgment Favored
Defendant
Relief Granted
Case Type
Civil Suit
Final Judgment
No
The court dismissed the suit, ruling that the sale deeds executed by the plaintiff were valid and not merely security for a loan.
Key Reasoning:
The court found the sale deeds valid and not executed under the premise of security as claimed by the plaintiff.
The court found the sale deeds valid and not executed under the premise of security as claimed by the plaintiff.
Why Defendant Won:
The court found the sale deeds valid and not executed under the premise of security as claimed by the plaintiff.
The court found the sale deeds valid and not executed under the premise of security as claimed by the plaintiff.
Supporting Evidence
The plaintiff failed to prove that the execution of the sale deeds was merely for security purposes, and the documents were accepted as valid sales.
Judgment Evidence:
In the result: The suit is dismissed. No costs.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Umadevi. K
- Party Age
- 59
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Venugopalan Nair
- Party Age
- 65
- Relation
- S/o
Plaintiffs Documents
Certified copy of the Sale Deed No. 5037/2007, Certified copy of the Sale deed No. 2569/2008, Original pay-in-slip, Lease deed, Original passbook of Smt. Baby Girija, Original receipts showing payment of electricity and water charges.
Defendants Documents
Rent agreement, Renewed Rent agreement, Land tax receipt, Receipt issued by the Municipal Corporation of Thiruvananthapuram.
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. Vinodkumar. S
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Smt. Jyothilekshmi R.S
- Appearance Type
- Assisting Counsel
- Party Role
- Plaintiff
- Advocate Name
- Sri.Vishnu.S
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- Sri. K.P. Jayachandran
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Declaration
Outcome:
Refused
Description:
The plaintiff sought a decree for the declaration of ownership of the plaint schedule property.
Evidence:
This court is of the view that the plaintiff is not entitled to get any reliefs as prayed for.
Relief Type:
Cancellation
Outcome:
Refused
Description:
The plaintiff prayed for cancellation of Sale Deed Nos. 5037/2007 and 2569/2008.
Evidence:
This court after considering the degree of formality of the document is of the view that Ext.A1 and Ext.A2 documents are pucca sale deeds and there is no evidence on record for cancelling the same.
Relief Type:
Permanent Injunction
Outcome:
Refused
Description:
The plaintiff prayed for a permanent prohibitory injunction restraining the defendant from committing waste or encumbrance.
Evidence:
The court has found that Ext.A1 and Ext.A2 are not to be cancelled and hence, the relief of injunction cannot be granted in favour of the plaintiff.
Documents & Evidence
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
This document is a certified copy of Sale Deed No. 5037/2007, which was executed as security by the plaintiff in favor of the defendant.
Reference:
Ext.A1
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
This document is a certified copy of Sale Deed No. 2569/2008, which was executed as security by the plaintiff for an additional loan.
Reference:
Ext.A2
Document Type:
Pay-in-slip
Submitted By:
Plaintiff
Relevance:
This is an original pay-in-slip dated 31/08/2010 related to payments made by the plaintiff.
Reference:
Ext.A3
Document Type:
Pay-in-slip
Submitted By:
Plaintiff
Relevance:
This is an original pay-in-slip dated 18/09/2010 related to payments made by the plaintiff.
Reference:
Ext.A4
Document Type:
Aadhar Card
Submitted By:
Plaintiff
Relevance:
This document is the copy of the Aadhar card of the plaintiff.
Reference:
Ext.A5
Document Type:
Lease Deed
Submitted By:
Plaintiff
Relevance:
This is a lease deed dated 06/02/2016 regarding the plaint schedule property.
Reference:
Ext.A6
Document Type:
Passbook
Submitted By:
Plaintiff
Relevance:
This is the original passbook of Smt. Baby Girija related to financial transactions.
Reference:
Ext.A7
Document Type:
Electricity Bill
Submitted By:
Plaintiff
Relevance:
These are original receipts showing payment of electricity charges by the plaintiff.
Reference:
Ext.A8 series
Document Type:
Water Receipt
Submitted By:
Plaintiff
Relevance:
This is an original receipt showing payment of water charges by the plaintiff.
Reference:
Ext.A9
Document Type:
Police Petition
Submitted By:
Plaintiff
Relevance:
This is a copy of the petition filed before the Director General of Police.
Reference:
Ext.A10
Document Type:
Complaint
Submitted By:
Plaintiff
Relevance:
This is a copy of the complaint given to the Chief Minister of Kerala.
Reference:
Ext.A11
Document Type:
Rent Agreement
Submitted By:
Defendant
Relevance:
This is a rent agreement executed on 13/12/2007.
Reference:
Ext.B1
Document Type:
Rent Agreement
Submitted By:
Defendant
Relevance:
This is a renewed rent agreement dated 24/05/2014.
Reference:
Ext.B2
Document Type:
Land Tax Receipt
Submitted By:
Defendant
Relevance:
This is a land tax receipt dated 17/10/2022 issued by the Ulloor Village office.
Reference:
Ext.B3
Document Type:
Municipal Receipt
Submitted By:
Defendant
Relevance:
This is a receipt issued by the Municipal Corporation of Thiruvananthapuram dated 17/05/2024.
Reference:
Ext.B4
Document Type:
Commission Report
Submitted By:
Court
Relevance:
This is a commission report prepared by advocate Briji. G.
Reference:
Ext.C1
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