Case Summary
The plaintiffs, Danial Varghese and others, claim ownership of a property that has been wrongly classified as government land by the defendants, the State of Kerala and its officials. They seek a declaration of title and corrections in the revenue records.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The court directed a mandatory injunction for correction of revenue records and prohibited the defendants from trespassing on the property.
Case Type
Civil Suit
Final Judgment
No
The court declared that the plaintiffs are the absolute owners of the property measuring 2.26 ares and directed the defendants to rectify revenue records accordingly. The defendants were also restrained from trespassing on the property.
Why Plaintiff Won:
The plaintiffs successfully established their title and continuous possession of the property through cogent evidence, including survey reports.
The plaintiffs successfully established their title and continuous possession of the property through cogent evidence, including survey reports.
Losing Side's Weaknesses:
The plaintiffs successfully established their title and continuous possession of the property through cogent evidence, including survey reports.
The plaintiffs successfully established their title and continuous possession of the property through cogent evidence, including survey reports.
Supporting Evidence
The plaintiff has successfully established his title and possession over the suit schedule property, as derived from the registered sale deed No. 3384/1972.
Judgment Evidence:
In the result, the suit is decreed as follows: 1. It is hereby declared that the plaintiffs are the absolute owners in title and possession of a total extent of 2.26 ares, comprising Plots A, G, and I, as specifically delineated in the C1(a) plan.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Danial Varghese
- Party Age
- 70
- Relation
- S/o
- Party Role
- Plaintiff
- Party Name
- Jenin Mon
- Party Age
- 41
- Relation
- S/o
- Party Role
- Plaintiff
- Party Name
- Annamma Daniel
- Party Age
- 77
- Relation
- W/o
- Party Role
- Plaintiff
- Party Name
- Jinu Saju
- Party Age
- 48
- Relation
- D/o
- Party Role
- Plaintiff
- Party Name
- Jisha Manu
- Party Age
- 40
- Relation
- D/o
- Party Role
- Defendant
- Party Name
- State of Kerala
- Relation
- Represented by
- Party Role
- Defendant
- Party Name
- Survey Superintendent
- Party Role
- Defendant
- Party Name
- Tahsildar
Plaintiffs Documents
Sale Deed No. 3384/1972, statutory notice under Section 80 CPC, other sale deeds from 1990s and 2000s.
Defendants Documents
FMB documents, Settlement Register related to old-survey No.87/1A.
Advocates
- Party Role
- Plaintiff
- Advocate Name
- G Santhosh Kumar
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Addl. Government Pleader
- Appearance Type
- Government Pleader
Reliefs
Relief Type:
Declaration
Outcome:
Granted
Description:
It is hereby declared that the plaintiffs are the absolute owners in title and possession of a total extent of 2.26 ares.
Evidence:
It is hereby declared that the plaintiffs are the absolute owners in title and possession of a total extent of 2.26 ares, comprising Plots A, G, and I.
Relief Type:
Mandatory Injunction
Outcome:
Granted
Description:
The defendants are directed to amend the survey plan and revenue records.
Evidence:
The defendants are hereby directed, by way of mandatory injunction, to amend the survey plan and revenue records so as to rectify the erroneous inclusion of 2.26 ares of land.
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
The defendants are restrained from trespassing upon the property.
Evidence:
The defendants are hereby restrained, by way of permanent prohibitory injunction, from trespassing upon the property identified as Plot A, G, and Plot I.
Documents & Evidence
Document Type:
Statutory Notice
Submitted By:
Plaintiff
Relevance:
Exhibit A1 is the copy of the statutory notice issued to the Government under Section 80 of the Code of Civil Procedure.
Reference:
Ext.A1
Document Type:
Photocopy of Reply Notice
Submitted By:
Plaintiff
Relevance:
Exhibit A2 is the photocopy of the reply notice received from the District Survey Superintendent.
Reference:
Ext.A2
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
Exhibit A3 is the sale deed No. 3384/1972 executed in favour of the first plaintiff.
Reference:
Ext.A3
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
Exhibit A4 is the certified copy of sale deed No. 1718/1991.
Reference:
Ext.A4
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
Exhibit A5 is the certified copy of sale deed No. 1719/1991.
Reference:
Ext.A5
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
Exhibit A6 is the certified copy of sale deed No. 5179/1997.
Reference:
Ext.A6
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
Exhibit A7 is the certified copy of sale deed No. 4123/1999.
Reference:
Ext.A7
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
Exhibit A8 is the certified copy of sale deed No. 2636/2005.
Reference:
Ext.A8
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
Exhibit A9 is the certified copy of sale deed No. 2637/2005.
Reference:
Ext.A9
Document Type:
Commission report and Survey plan
Submitted By:
Court
Relevance:
Exhibits C1 and C1(a) are the Commissioner’s initial report and plan.
Reference:
Ext.C1
Document Type:
Commission report and Rough Sketch
Submitted By:
Court
Relevance:
Exhibits C2 and C2(a) are another Commission report and rough sketch.
Reference:
Ext.C2
Document Type:
FMB Document
Submitted By:
Defendant
Relevance:
Exhibit B1 is an FMB document related to Re-survey No. 113.
Reference:
Ext.B1
Document Type:
FMB Document
Submitted By:
Defendant
Relevance:
Exhibit B2 is an FMB document related to Re-survey No. 112.
Reference:
Ext.B2
Document Type:
FMB Document
Submitted By:
Defendant
Relevance:
Exhibit B3 is an FMB document related to Re-survey No. 218.
Reference:
Ext.B3
Document Type:
BTR Document
Submitted By:
Defendant
Relevance:
Exhibit B5 is the BTR entry relating to Survey No. 113.
Reference:
Ext.B5
Document Type:
Settlement register
Submitted By:
Defendant
Relevance:
Exhibit B6 is a settlement register copy related to old survey No. 87/1A.
Reference:
Ext.B6
Document Type:
Thandaper Register
Submitted By:
Defendant
Relevance:
Exhibit B7 is the attested copy of the Thandaper Register.
Reference:
Ext.B7
Document Type:
Purampokke Register
Submitted By:
Defendant
Relevance:
Exhibit B8 is the attested copy of the Purampokke Register.
Reference:
Ext.B8
Case Classification
Case Type
Civil Suit
Category
Property and Possession Disputes
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Perumbavoor
Common Reasons
Dispute over land ownership
Case Code
Case between Danial Varghese et al vs State of Kerala et al regarding declaration of title and mandatory injunction
Case Code Year
Case between Danial Varghese et al vs State of Kerala et al regarding declaration of title and mandatory injunction