Case Summary
The plaintiffs, comprising the family of late Mr. Sajeev, are seeking to declare settlement deeds as null and void and to partition certain properties. The defendants are siblings and relatives of Mr. Sajeev, contesting the validity of these claims.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Declaration of deed No. 371/1984 and deed No. 1369/2005 as null and void and partition of plaint A and C schedule properties.
Case Type
Civil Suit
Final Judgment
No
The court decreed the plaintiffs' claims, declaring the settlement deeds null and void and granting partition of the properties in question.
Why Plaintiff Won:
The plaintiffs established their entitlement through unchallenged oral and documentary evidence.
The plaintiffs established their entitlement through unchallenged oral and documentary evidence.
Losing Side's Weaknesses:
Not available
Not available
Supporting Evidence
The plaintiffs have established that they are entitled to get a decree declaring deed No.371/1984 of Kavalayoor S.R.O as null and void and also settlement deed No.1369/2005 of Kavalayoor S.R.O as null and void.
Judgment Evidence:
In the result, the suit is decreed as follows: 1. It is hereby declared that deed No. 371/1984 of Kavalayoor S.R.O is null and void. 2. It is hereby also declared that deed No. 1369/2005 of Kavalayoor S.R.O is null and void.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Vijaya
- Party Age
- 43
- Relation
- W/o
- Party Role
- Plaintiff
- Party Name
- Kiran
- Party Age
- 22
- Relation
- S/o
- Party Role
- Plaintiff
- Party Name
- Parvathy
- Party Age
- 21
- Relation
- D/o
- Party Role
- Plaintiff
- Party Name
- Rahul
- Party Age
- 19
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Kamalakshy
- Party Age
- 77
- Relation
- D/o
- Party Role
- Defendant
- Party Name
- Rajeev
- Party Age
- 54
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Geetha
- Party Age
- 52
- Relation
- D/o
- Party Role
- Defendant
- Party Name
- Sudha
- Party Age
- 54
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Sumesh
- Party Age
- 34
- Relation
- S/o
Plaintiffs Documents
Marriage Certificate No. 28, Death Certificate of Sajeev, Ration Card No. 1104125306, Certified copy of Settlement deed No. 719/1962, Certified copy of Gift deed No. 1082/1963, Certified copy of Gift deed No. 371/1984, Certified copy of Settlement deed No. 1369/2005, Election Identity Card No. KL/19/127/534305.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. G. Dharmarajan
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Declaration
Outcome:
Granted
Description:
Declared deed No. 371/1984 of Kavalayoor S.R.O as null and void.
Evidence:
It is hereby declared that deed No. 371/1984 of Kavalayoor S.R.O is null and void.
Relief Type:
Declaration
Outcome:
Granted
Description:
Declared deed No. 1369/2005 of Kavalayoor S.R.O as null and void.
Evidence:
It is hereby also declared that deed No. 1369/2005 of Kavalayoor S.R.O is null and void.
Relief Type:
Partition
Outcome:
Granted
Description:
Ordered partition of plaint A schedule property into six equal shares.
Evidence:
Plaint A schedule property is divided into six equal shares by metes and bounds.
Relief Type:
Partition
Outcome:
Granted
Description:
Ordered partition of plaint C schedule property into five equal shares.
Evidence:
Plaint C schedule property is divided into five equal shares by metes and bounds.
Documents & Evidence
Document Type:
Marriage Certificate
Submitted By:
Plaintiff
Relevance:
Establishes the relationship of the first plaintiff to the deceased son of the first defendant.
Reference:
Ext.A1
Document Type:
Death Certificate
Submitted By:
Plaintiff
Relevance:
Confirms the death of Sajeev, which is central to the plaintiffs' claims.
Reference:
Ext.A2
Document Type:
Ration Card
Submitted By:
Plaintiff
Relevance:
Supports identification and residence of the plaintiffs.
Reference:
Ext.A3
Document Type:
Settlement Deed
Submitted By:
Plaintiff
Relevance:
Pertains to the property being claimed and its historical context.
Reference:
Ext.A4
Document Type:
Gift Deed
Submitted By:
Plaintiff
Relevance:
Documents the gift of the property in dispute, relevant to the claims made.
Reference:
Ext.A5
Document Type:
Gift Deed
Submitted By:
Plaintiff
Relevance:
This deed is referenced as being contested by the plaintiffs.
Reference:
Ext.A6
Document Type:
Settlement Deed
Submitted By:
Plaintiff
Relevance:
Another deed in question for which the plaintiffs seek a declaration of nullity.
Reference:
Ext.A7
Document Type:
Election Identity Card
Submitted By:
Plaintiff
Relevance:
Serves as identification for the deceased Sajeev.
Reference:
Ext.A8
Case Classification
Case Type
Civil Suit
Category
Property and Possession Disputes
District
Thiruvananthapuram
State
Kerala
Court Establishment
Munsiffs Court, Varkala
Common Reasons
Case Code
Case between Vijaya et al vs Kamalakshy et al regarding declaration of settlement deeds null and void and partition of properties
Case Code Year
Case between Vijaya et al vs Kamalakshy et al regarding declaration of settlement deeds null and void and partition of properties