Case Summary
Plaintiff Baby Sarojam filed suit against defendants seeking recovery of possession of the plaint B schedule property alleging trespass and construction of compound wall by defendants.
Judgment Outcome
Judgment Favored
Defendant
Relief Granted
Suit dismissed
Case Type
Recovery of Possession - Civil Suit
Final Judgment
No
The court dismissed the suit for recovery of possession filed by the plaintiff against the defendants.
Key Reasoning:
Plaintiff failed to prove her title over the plaint B schedule property.
Plaintiff failed to prove her title over the plaint B schedule property.
Why Defendant Won:
Plaintiff failed to prove her title over the plaint B schedule property.
Plaintiff failed to prove her title over the plaint B schedule property.
Supporting Evidence
Ext. C3 plan would show that the measurements of the property comprised in RS No.260/4 in the plan is more than the measurements shown in the title deed.
Judgment Evidence:
In the result, the suit is dismissed without cost.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Baby Sarojam
- Party Age
- 68
- Relation
- Wife of...
- Party Role
- Defendant
- Party Name
- Mathamparambil Chakki
- Party Age
- 55
- Relation
- Daughter of...
- Party Role
- Defendant
- Party Name
- Mathamparambil Rajesh
- Party Age
- 33
- Relation
- Son of...
Plaintiffs Documents
Partition Deed No. 1988/1983, Certified copy of Commissioner's report in OS.40/2012, Certified copy of Plan in OS.40/2012, Petition
Defendants Documents
Certified copy of Jenm Assignment Deed No. 876/2004, Certified copy of Jenm Assignment Deed No. 2915/2003
Advocates
Reliefs
Relief Type:
Recovery of Possession
Outcome:
Suit dismissed
Description:
Claim for recovery of possession of property against defendants
Evidence:
The court dismissed the suit without cost.
Documents & Evidence
Document Type:
Partition Deed
Submitted By:
Plaintiff
Relevance:
Establish title and ownership of the plaint A and B schedule properties
Reference:
Ext. A1
Document Type:
Deed
Submitted By:
Defendant
Relevance:
Property documents of the first defendant
Reference:
Ext. B1
Document Type:
Report
Submitted By:
Court
Relevance:
Plan showing measurement discrepancies between plaintiff and defendant properties
Reference:
Ext. C3
Case Classification
Case Type
Recovery of Possession - Civil Suit
Category
Property and Possession Disputes
District
Malappuram
State
Kerala
Court Establishment
Munsiff Court, Tirur / Rent Control Court
Common Reasons
Case Code
Case between Baby Sarojam vs Mathamparambil Chakki et al regarding recovery of possession
Case Code Year
Case between Baby Sarojam vs Mathamparambil Chakki et al regarding recovery of possession