Case Summary
The plaintiffs, Edoth Sivakumar and Suresh Babu, seek a declaration of title for certain properties they claim to have purchased. The defendants, Sulochana and others, contest the plaintiffs' claims and assert their own rights over the same properties.
Judgment Outcome
Judgment Favored
Defendant
Relief Granted
Case Type
Civil Suit
Final Judgment
No
The court found that the plaintiffs failed to prove their absolute title, right or interest over the plaint schedule property. Consequently, the suit was dismissed.
Key Reasoning:
The defendants demonstrated established possession of the properties contested by the plaintiffs.
The defendants demonstrated established possession of the properties contested by the plaintiffs.
Why Defendant Won:
The defendants demonstrated established possession of the properties contested by the plaintiffs.
The defendants demonstrated established possession of the properties contested by the plaintiffs.
Supporting Evidence
The plaintiffs failed to prove their absolute title, right or interest over the plaint schedule property.
Judgment Evidence:
In the result, the suit is dismissed with costs.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Edoth Sivakumar
- Party Age
- 51
- Relation
- S/o
- Party Role
- Plaintiff
- Party Name
- Suresh Babu
- Party Age
- 52
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Sulochana
- Party Age
- 66
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Sheela
- Party Age
- 46
- Relation
- D/o
- Party Role
- Defendant
- Party Name
- Shibi
- Party Age
- 48
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Shaji
- Party Age
- 43
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Sheeba
- Party Age
- 40
- Relation
- D/o
Plaintiffs Documents
Adankal extract, Certified copy of partition deed No.631/1955, Assignment deed No.4315/2008.
Defendants Documents
Partition deed No.1586/1949, Judgment in OS 389/56 of Munsiff's Court-1, Kozhikode.
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri.P.C.Padmaja
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sri.E.M.Vijayan
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sri.A.M.Bhaskaran
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Declaration
Outcome:
Refused
Description:
Declaration that the plaint scheduled properties absolutely belong to the plaintiffs.
Evidence:
Hence I find that the plaintiffs are not entitled for any relief of declaration as prayed for.
Relief Type:
Injunction
Outcome:
Refused
Description:
Consequential injunction against the defendants from trespassing into the said property.
Evidence:
A mere declaration with consequential injunction without a relief of recovery of possession cannot be granted to the plaintiffs.
Documents & Evidence
Document Type:
Adankal Extract
Submitted By:
Plaintiff
Relevance:
Pertaining to the plaint schedule property.
Reference:
Ext.A1
Document Type:
Order
Submitted By:
Plaintiff
Relevance:
Certified copy of order in WP(c) No.9385/11 of High Court of Kerala.
Reference:
Ext.A2
Document Type:
Survey Plan
Submitted By:
Plaintiff
Relevance:
Prepared as per order in WP (c) No.9385/2011(W) of High Court of Kerala.
Reference:
Ext.A3
Document Type:
Encumbrance certificate
Submitted By:
Plaintiff
Relevance:
Issued by sub registrar Chelannur.
Reference:
Ext.A4
Document Type:
Land Tax Receipt
Submitted By:
Plaintiff
Relevance:
Issued in the name of Sivakumar and Suresh Babu.
Reference:
Ext.A5
Document Type:
Possession Certificate
Submitted By:
Plaintiff
Relevance:
Issued in the name of Sivakumar and Suresh Babu.
Reference:
Ext.A6
Document Type:
Possession Certificate
Submitted By:
Plaintiff
Relevance:
Issued in the name of Sivakumar and Suresh Babu.
Reference:
Ext.A7
Document Type:
Cash Receipt
Submitted By:
Plaintiff
Relevance:
Issued in the name of Karthyani Amma.
Reference:
Ext.A8
Document Type:
Land Tax Receipt
Submitted By:
Plaintiff
Relevance:
Issued in the name of Karthyani Amma.
Reference:
Ext.A9
Document Type:
Partition Deed
Submitted By:
Plaintiff
Relevance:
Certified copy of partition deed No.631/1955 of SRO, Thamarassery.
Reference:
Ext.A10
Document Type:
Assignment Deed
Submitted By:
Plaintiff
Relevance:
Certified copy of Jenmam assignment deed No.4315/08 of SRO, Thamarassery.
Reference:
Ext.A11
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
Certified copy of sale deed No.2744/10 of SRO, Chelannur.
Reference:
Ext.A12
Document Type:
Assignment Deed
Submitted By:
Plaintiff
Relevance:
Certified copy of sale deed No.625/1972 of SRO Thamarassery.
Reference:
Ext.A13
Document Type:
Verumpatta Kacheettu
Submitted By:
Plaintiff
Relevance:
Certified copy of Verumpatta Kacheettu No.1907/67 of SRO Thamarassery.
Reference:
Ext.A14
Document Type:
Verumpattam deed
Submitted By:
Plaintiff
Relevance:
Certified copy of Verumpattam deed No.2436/1967 of SRO Thamarassery.
Reference:
Ext.A15
Document Type:
Land Tax Receipt
Submitted By:
Plaintiff
Relevance:
Issued in favor of Sivakumar and Suresh Babu.
Reference:
Ext.A16
Document Type:
Partition Deed
Submitted By:
Defendant
Relevance:
Certified copy of partition deed No. 1586/49 of SRO Thamarassery.
Reference:
Ext.B1
Document Type:
Judgment
Submitted By:
Defendant
Relevance:
Certified copy of Judgment in OS 389/56 of Munsiff’s Court-1, Kozhikode.
Reference:
Ext.B2
Document Type:
Decree
Submitted By:
Defendant
Relevance:
Certified copy of Decree in OS 389/1956 of Munsiff’s Court-1, Kozhikode.
Reference:
Ext.B3
Document Type:
Judgment
Submitted By:
Defendant
Relevance:
Certified copy of Judgment in AS 133/62 of District Court, Kozhikode.
Reference:
Ext.B4
Document Type:
Assignment Deed
Submitted By:
Defendant
Relevance:
Verumpatta assignment deed executed by Cheriyekkan in favour of Kalyani.
Reference:
Ext.B5
Document Type:
Purchase Certificate
Submitted By:
Defendant
Relevance:
Issued in the name of Kalyani.
Reference:
Ext.B6
Document Type:
Possession Certificate
Submitted By:
Defendant
Relevance:
Issued in the name of Kalyani.
Reference:
Ext.B7
Document Type:
Land Tax Receipt
Submitted By:
Defendant
Relevance:
Issued in the name of Kalyani.
Reference:
Ext.B8
Document Type:
Land Tax Receipt
Submitted By:
Defendant
Relevance:
Issued in the name of Kalyani.
Reference:
Ext.B9
Document Type:
Land Tax Receipt
Submitted By:
Defendant
Relevance:
Issued in the name of Kalyani.
Reference:
Ext.B10
Document Type:
Purchase Certificate
Submitted By:
Defendant
Relevance:
Purchase Certificate in favour of Chandu Kutty.
Reference:
Ext.B13
Document Type:
Will
Submitted By:
Defendant
Relevance:
Will executed by Chandukutty in favour of Ramachandran.
Reference:
Ext.B14
Document Type:
Death Certificate
Submitted By:
Defendant
Relevance:
Issued in the name of Chandukutty.
Reference:
Ext.B15
Document Type:
Land Tax Receipt
Submitted By:
Defendant
Relevance:
Issued in the name of Ramachandran.
Reference:
Ext.B16
Document Type:
Land Tax Receipt
Submitted By:
Defendant
Relevance:
Issued in the name of Ramachandran.
Reference:
Ext.B17
Document Type:
Land Tax Receipt
Submitted By:
Defendant
Relevance:
Issued in the name of Ramachandran.
Reference:
Ext.B18
Document Type:
Land Tax Receipt
Submitted By:
Defendant
Relevance:
Issued in the name of Ramachandran.
Reference:
Ext.B19
Document Type:
Encumbrance certificate
Submitted By:
Defendant
Relevance:
Encumbrance certificate issued.
Reference:
Ext.B20
Document Type:
Partition Deed
Submitted By:
Defendant
Relevance:
Certified copy of partition deed No.1651/1978 entered into between Vasu and others.
Reference:
Ext.B21
Document Type:
Partition Deed
Submitted By:
Defendant
Relevance:
Photocopy of partition deed No.1651/1978 entered into between Vasu and others.
Reference:
Ext.B22
Document Type:
Possession Certificate
Submitted By:
Defendant
Relevance:
Issued in the name of Sulochana and others.
Reference:
Ext.B23
Document Type:
Plan
Submitted By:
Defendant
Relevance:
Copy of plan in OS 389/56 filed before Principal Munsiff of Kozhikode.
Reference:
Ext.B24
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Filed by Adv. K.Manoj, Advocate Commissioner.
Reference:
Ext.C1
Document Type:
Survey Plan
Submitted By:
Court
Relevance:
Submitted by Vincent.K.V, Taluk Surveyor.
Reference:
Ext.C1(a)
Document Type:
Commissioner’s Plan
Submitted By:
Court
Relevance:
Submitted by Adv. Manoj.K.
Reference:
Ext.C1(b)
Document Type:
Commissioner’s Plan
Submitted By:
Court
Relevance:
Submitted by Adv. Manoj.K.
Reference:
Ext.C1(c)
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Filed by Adv. Manoj.K, Advocate Commissioner.
Reference:
Ext.C1(d)
Document Type:
Sketch
Submitted By:
Court
Relevance:
Submitted by Adv. Manoj.K.
Reference:
Ext.C1(e)
Document Type:
Oral Evidence
Submitted By:
Unknown
Relevance:
Testimony of the witnesses.
Reference:
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Kozhikode
State
Kerala
Court Establishment
Munsiff Court 1 Kozhikode
Common Reasons
Case Code
Case between Edoth Sivakumar et al vs Sulochana et al regarding declaration and consequential injunction
Case Code Year
Case between Edoth Sivakumar et al vs Sulochana et al regarding declaration and consequential injunction