Case Summary
Faizal M A and Shahanas V A are husband and wife, suing M/s Sree Shailam Chit Funds Finance for the return of title documents after their chitty transactions. They claim the defendant has not returned documents despite the completion of the chitty agreement.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Defendant is directed to handover the original partition deed and other documents to the plaintiffs.
Case Type
Civil Suit
Final Judgment
No
Why Plaintiff Won:
The plaintiffs established their case, proving that the defendant failed to return the title deeds despite multiple requests.
The plaintiffs established their case, proving that the defendant failed to return the title deeds despite multiple requests.
Judgment Evidence:
In the result, suit is decreed on the following terms. 1)The defendant is directed to handover the original partition deed No.3459/2011 of Edappally SRO and the original release deed No.8270/2004 of Edappally SRO along with all other documents by way of mandatory injunction to the plaintiffs...
Parties Involved
Plaintiffs
Faizal M A (39 years)
Karukappilly Parambu Veedu, Deshabhimani Road, Kochi-682026
Shahanas V A (31 years)
Karukappilly Parambu Veedu, Deshabhimani Road, Kochi-682026
Defendants
M/s Sree Shailam Chit Funds Finance (Age not specified years)
40/5108, Kovilvattom Road, Near St. Mary’s CGHS, Ernakulam, Kochi-682035
Reliefs
Relief Type:
Mandatory Injunction
Outcome:
Granted
Description:
Mandatory injunction directing the defendant to handover the original partition deed and other documents to the plaintiffs.
Evidence:
The defendant is directed to handover the original partition deed No.3459/2011 of Edappally SRO and the original release deed No.8270/2004 of Edappally SRO along with all other documents by way of mandatory injunction to the plaintiffs.
Relief Type:
Other
Outcome:
Granted
Description:
Defendant is directed to pay costs of the suit to plaintiff.
Evidence:
Considering the facts and circumstances of the case, plaintiffs are entitled to get the costs of the proceedings.
Documents & Evidence
Document Type:
Chitty Passbook
Submitted By:
Plaintiff
Relevance:
Original Chitty Passbook No.1 issued by the defendant pertaining to chitty No. SJ:4/3 in the name of the 2nd plaintiff.
Reference:
Ext.A1
Document Type:
Chitty Passbook
Submitted By:
Plaintiff
Relevance:
Original Chitty Passbook No.2 issued by the defendant pertaining to chitty No. SJ:4/3 in the name of the 2nd plaintiff.
Reference:
Ext.A2
Document Type:
Chitty Passbook
Submitted By:
Plaintiff
Relevance:
Original Chitty Passbook No.3 issued by the defendant pertaining to chitty No. SJ:4/3 in the name of the 2nd plaintiff.
Reference:
Ext.A3
Document Type:
Payment receipts
Submitted By:
Plaintiff
Relevance:
Original payment receipts issued by the defendant in the name of the 2nd plaintiff.
Reference:
Ext.A4
Document Type:
Letter of Acknowledgment
Submitted By:
Plaintiff
Relevance:
Letter of acknowledgment issued by the defendant confirming the receipt of the title deeds, prior deeds and documents of the plaintiffs.
Reference:
Ext.A5
Document Type:
Release deed
Submitted By:
Plaintiff
Relevance:
Certified copy of release deed no. 8270/1/2004 of SRO, Edappally.
Reference:
Ext.A6
Document Type:
Land Tax Receipt
Submitted By:
Plaintiff
Relevance:
Land tax receipt for the period 2022-23 issued from Edappally South Village Office.
Reference:
Ext.A7
Document Type:
Complaint
Submitted By:
Plaintiff
Relevance:
Complaint filed by the plaintiff before the SHO, Elamakkara Police Station along with Acknowledgment receipt.
Reference:
Ext.A8
Document Type:
Lawyer Notice
Submitted By:
Plaintiff
Relevance:
Office copy of the lawyer notice issued by the defendant.
Reference:
Ext.A9
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
Postal receipt.
Reference:
Ext.A10
Document Type:
Postal Acknowledgment Card
Submitted By:
Plaintiff
Relevance:
Postal Acknowledgment card signed by the defendant.
Reference:
Ext.A11
Document Type:
Notice
Submitted By:
Defendant
Relevance:
Copy of notice sent by the defendant to the plaintiff.
Reference:
Ext.B1
Document Type:
Postal Acknowledgment Card
Submitted By:
Defendant
Relevance:
Postal Acknowledgment card signed by the 1st plaintiff.
Reference:
Ext.B2
Document Type:
Notice
Submitted By:
Defendant
Relevance:
Original of notice sent by the defendant to the plaintiff.
Reference:
Ext.B3
Document Type:
Statement of Accounts
Submitted By:
Defendant
Relevance:
Statement of accounts of the plaintiffs maintained by the defendant.
Reference:
Ext.B5
Document Type:
Cheque
Submitted By:
Defendant
Relevance:
Original Cheque no. 918326 for Rs. 1,50,000/- of Bharatiya Mahila Bank issued in favour of the defendant.
Reference:
Ext.B6
Document Type:
Cheque Return Memo
Submitted By:
Defendant
Relevance:
Cheque Return Memo.
Reference:
Ext.B7
Document Type:
Oral Evidence
Submitted By:
Oral evidence
Relevance:
Oral evidence from the witness PW1.
Reference: