Case Summary
The plaintiffs, Chandran and others, are seeking redemption of a mortgage and a permanent prohibitory injunction against the defendants, who include P S S Varadaraja Nadar and others. The case involves disputes over property originally belonging to Ayyappan Sankaran, with issues regarding title and the legality of various transactions.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Redemption of mortgage property
Case Type
Civil Suit
Final Judgment
No
Why Plaintiff Won:
The plaintiffs are the legal heirs of the original mortgagor and the mortgage is proved to be subsisting.
The plaintiffs are the legal heirs of the original mortgagor and the mortgage is proved to be subsisting.
Judgment Evidence:
In the result: 1) Plaintiffs are entitled to redemption of mortgage property. 2) It is directed to take out an account of the principal and interest on the mortgage properties as on date of decree as well as costs within 3 months. 3) The plaintiffs are directed to pay into court the amount so fixed in the account taken within 3 months of preparation of accounts. 4) In case of default of payment by plaintiff, defendant may apply to court for a final decree for foreclosure of mortgage.
Parties Involved
Plaintiffs
Chandran (53 years)
Kizhakkedathu Madathum Muriyil, Eroor North P.O, Tripunithura
Bhanumathy (69 years)
Kizhakkedathu Madathum Muriyil, Eroor North P.O, Tripunithura
Santhamma (65 years)
Kizhakkedathu Madathum Muriyil, Eroor North P.O, Tripunithura
Rajamma (57 years)
Kizhakkedathu Madathum Muriyil, Eroor North P.O, Tripunithura
Mani (55 years)
Kizhakkedathu Madathum Muriyil, Eroor North P.O, Tripunithura
Defendants
P S S Varadaraja Nadar (86 years)
Kalarikkalparambil, Opposite Ayurveda College, Nadama Village, Kanayannur Taluk
Radha Krishnan (75 years)
Kalarikkapparambil, Opposite Ayurveda College, Nadama Village, Kanayannur Taluk
Nagaendran (70 years)
Kalarikkapparambil, Opposite Ayurveda College, Nadama Village, Kanayannur Taluk
Ramagopal (68 years)
Kalarikkapparambil, Opposite Ayurveda College, Nadama Village, Kanayannur Taluk
Santharam (65 years)
Kalarikkapparambil, Opposite Ayurveda College, Nadama Village, Kanayannur Taluk
Reliefs
Relief Type:
Redemption
Outcome:
Granted
Description:
Plaintiffs sought the redemption of the mortgage.
Evidence:
Plaintiffs are entitled to redemption of mortgage property.
Relief Type:
Permanent Injunction
Outcome:
Not Decided
Description:
Plaintiffs requested a permanent prohibitory injunction.
Evidence:
Relief Type:
Declaration
Outcome:
Granted
Description:
Plaintiffs sought a declaration that the defendants' rights are void.
Evidence:
The certificates obtained by the defendants are a clog on the equity of redemption.
Documents & Evidence
Document Type:
Partition Deed
Submitted By:
Plaintiff
Relevance:
Establishes ownership of property by the plaintiffs.
Reference:
Ext.A1
Document Type:
Mortgage Deed
Submitted By:
Plaintiff
Relevance:
Supports the plaintiffs' claim for redemption of mortgage.
Reference:
Ext.A2
Document Type:
Mortgage Deed
Submitted By:
Plaintiff
Relevance:
Further establishes the mortgage claim by the plaintiffs.
Reference:
Ext.A11
Document Type:
Adimayavakasha certificate
Submitted By:
Defendant
Relevance:
Claimed by defendant to establish their rights over the property.
Reference:
Ext.B1
Document Type:
Sales deed
Submitted By:
Defendant
Relevance:
Used by defendants to assert ownership of property.
Reference:
Ext.B5
Document Type:
Sales deed
Submitted By:
Defendant
Relevance:
Supports defendants' counterclaims against plaintiffs.
Reference:
Ext.B14
Document Type:
Purchase Certificate
Submitted By:
Defendant
Relevance:
Used by defendant to support legal ownership of the property.
Reference:
Ext.B8
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Court document supporting evidence in the case.
Reference:
Ext.C1
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Additional court document supporting the findings of the case.
Reference:
Ext.C2