Case Summary
K.T. Jose and Jomon K. Jose are the plaintiffs, claiming exclusive rights over a corridor against the defendant C. Kailas, who possesses a shop room adjacent to their properties. The case revolves around ownership and possession of specific property items in Chirakkadavu village.
Judgment Outcome
Judgment Favored
Defendant
Relief Granted
Case Type
Civil Suit
Final Judgment
No
The court dismissed the plaintiffs' suit for permanent prohibitory injunction, ruling that they failed to establish exclusive possession of the disputed corridor.
Key Reasoning:
Plaintiffs failed to prove their exclusive right and possession over the corridor.
Plaintiffs failed to prove their exclusive right and possession over the corridor.
Why Defendant Won:
Plaintiffs failed to prove their exclusive right and possession over the corridor.
Plaintiffs failed to prove their exclusive right and possession over the corridor.
Supporting Evidence
From the above discussion, it is clear that neither the plaint schedule descriptions, nor the survey nos. given in the plaint are sufficient to prove the identity of plaint schedule item No.1 and 4 properties.
Judgment Evidence:
In the result, the suit is dismissed with costs of defendant.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- K.T. Jose
- Party Age
- 75
- Relation
- S/o
- Party Role
- Plaintiff
- Party Name
- Jomon K. Jose
- Party Age
- 46
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- C. Kailas
- Party Age
- 58
- Relation
- S/o
Plaintiffs Documents
Certified copy of Partition Deed No.4625/81, Certified copy of Partition Deed No.3754/99, Certified copy of Sale Deed No.3602/07, Certified copy of Sale Deed No.901/2020, Tax Receipt Thandaper No.477.
Defendants Documents
Certified copy of decree in O.S. 80/19, Certified copy of Commission Report, Certified copy of plan prepared by surveyor, Copy of Tax Receipt Thandaper No.7685.
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Alex J Edackattu
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Aloysius John Madathinakam
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- Samsan Joseph
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Permanent Injunction
Outcome:
Refused
Description:
Plaintiffs sought a permanent prohibitory injunction against the defendant regarding property claims.
Evidence:
The suit is liable to be dismissed.
Documents & Evidence
Document Type:
Partition Deed
Submitted By:
Plaintiff
Relevance:
Certified copy of Partition Deed No. 4625/81 establishing the title of the 1st plaintiff.
Reference:
Ext.A1
Document Type:
Partition Deed
Submitted By:
Plaintiff
Relevance:
Certified copy of Partition Deed No. 3754/99 establishing further title of the 1st plaintiff.
Reference:
Ext.A2
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
Certified copy of Sale Deed No. 3602/07 demonstrating the title of the 1st plaintiff.
Reference:
Ext.A3
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
Certified copy of Sale Deed No. 901/2020 establishing the title of the 2nd plaintiff.
Reference:
Ext.A4
Document Type:
Tax receipt
Submitted By:
Plaintiff
Relevance:
Tax Receipt corresponding to survey No. 45/8 supporting the plaintiff's claim.
Reference:
Ext.A5
Document Type:
Tax receipt
Submitted By:
Plaintiff
Relevance:
Tax Receipt corresponding to survey No. 45/9 supporting the plaintiff's claim.
Reference:
Ext.A6
Document Type:
Tax receipt
Submitted By:
Plaintiff
Relevance:
Tax Receipt corresponding to the property in survey Nos. 45/10 and 45/10-1.
Reference:
Ext.A7
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
Certified copy of Sale Deed No. 4418/06 establishing the defendant's title over the disputed shop room.
Reference:
Ext.A8
Document Type:
Court Decree
Submitted By:
Defendant
Relevance:
Certified copy of decree in O.S. 80/19 related to property issues involving the defendant.
Reference:
Ext.B1
Document Type:
Commission Report
Submitted By:
Defendant
Relevance:
Certified copy of Commission Report prepared in O.S. 80/19 related to the defendant's property claim.
Reference:
Ext.B2
Document Type:
Plan
Submitted By:
Defendant
Relevance:
Certified copy of plan prepared in O.S. 80/19 detailing the defendant's property claim.
Reference:
Ext.B2(a)
Document Type:
Tax receipt
Submitted By:
Defendant
Relevance:
Tax Receipt for the property in resurvey No. 45/10-2 supporting the defendant's claim.
Reference:
Ext.B3
Document Type:
Mahazar
Submitted By:
Court
Relevance:
Mahazar prepared by the commissioner relating to the property boundaries.
Reference:
Ext.C1
Document Type:
Sketch
Submitted By:
Court
Relevance:
Sketch prepared by the commissioner detailing the property layout.
Reference:
Ext.C1(a)
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Kottayam
State
Kerala
Court Establishment
Munsiff Court Kanjirappally
Common Reasons
Case Code
O.S
Case Code Year
2020