Case Summary
The plaintiffs are Kulathra Sree Mahadevar Devaswam Trust represented by its President and Secretary. They are seeking to redeem a mortgage and recover possession of a property that was allegedly mortgaged in violation of a prior partition deed.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Decree for redemption of plaint schedule Item No. 2 and recovery of possession.
Case Type
Civil Suit
Final Judgment
No
The court delivered a preliminary decree for redemption of the property, allowing the plaintiffs to recover possession of a portion of the property while dismissing the suit concerning another portion due to limitation.
Why Plaintiff Won:
The plaintiffs proved their entitlement to redeem the property and established that the defendants' rights were limited by the terms of the mortgage.
The plaintiffs proved their entitlement to redeem the property and established that the defendants' rights were limited by the terms of the mortgage.
Losing Side's Weaknesses:
The plaintiffs proved their entitlement to redeem the property and established that the defendants' rights were limited by the terms of the mortgage.
The plaintiffs proved their entitlement to redeem the property and established that the defendants' rights were limited by the terms of the mortgage.
Supporting Evidence
The plaintiffs have established their right to redeem the property while the defendants failed to prove that the plaintiffs were barred by limitation.
Judgment Evidence:
In the result, the suit is decreed in part as follows: (i) A preliminary decree for redemption is passed with respect to plaint schedule Item No. 2. (ii) The plaintiffs are allowed to recover possession of the plaint schedule Item No. 2 property.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- E.V.Raghavanunnithan
- Party Age
- 69
- Relation
- S/o
- Party Role
- Plaintiff
- Party Name
- V.Radhakrishnanunnithan
- Party Age
- 37
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Raman Pillai
- Party Age
- 65
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Chellappan Pillai
- Party Age
- 60
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Ambika Kumari Amma
- Party Age
- 45
- Relation
- D/o
Plaintiffs Documents
Partition Deed No. 2263/1107, Judgments in OS 46/71, Mortgage Deeds.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- John George
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Nil
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
The plaintiffs are permitted to recover possession of the plaint schedule Item No. 2 property.
Evidence:
In the result, the suit is decreed in part as follows: (ii) The plaintiffs are allowed to recover possession of the plaint schedule Item No. 2 property.
Relief Type:
Injunction
Outcome:
Not Decided
Description:
The suit sought to redeem the mortgage of the plaint schedule properties, but was dismissed concerning Item No. 1 due to limitation.
Evidence:
The judgment and decree of learned District Judge, Kollam in AS No.67/1998 are set aside.
Documents & Evidence
Document Type:
Partition Deed
Submitted By:
Plaintiff
Relevance:
Set apart the plaint schedule property for the benefit of the Kulapra Sree Mahadeva Temple.
Reference:
Ext.A1
Document Type:
Judgment
Submitted By:
Plaintiff
Relevance:
Provides context regarding the plaint schedule property included in a prior suit.
Reference:
Ext.A2
Document Type:
Decree
Submitted By:
Plaintiff
Relevance:
A certified copy of the decree related to a previous suit for land rights.
Reference:
Ext.A3
Document Type:
Judgment
Submitted By:
Plaintiff
Relevance:
Details outcomes of another related suit that may be relevant to this case.
Reference:
Ext.A4
Document Type:
Mortgage Deed
Submitted By:
Plaintiff
Relevance:
Executed in favour of the 1st and 2nd defendants regarding plaint schedule Item No. 1.
Reference:
Ext.A5
Document Type:
Otti Deed
Submitted By:
Plaintiff
Relevance:
Executed regarding plaint schedule Item No. 2, outlining mortgage terms.
Reference:
Ext.A6
Document Type:
Exchange Deed
Submitted By:
Plaintiff
Relevance:
Details the assignment of mortgage rights from the defendants to the 3rd defendant.
Reference:
Ext.A7
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
Serves as evidence of correspondence related to the case.
Reference:
Ext.A8(Series)
Document Type:
Decree
Submitted By:
Plaintiff
Relevance:
Certifies the outcome of a related suit.
Reference:
Ext.A9
Document Type:
Agreement Deed
Submitted By:
Plaintiff
Relevance:
Entails agreements pertinent to the plaint schedule property.
Reference:
Ext.A10
Document Type:
Judgment
Submitted By:
Plaintiff
Relevance:
Related to current case context, shows previous judgments.
Reference:
Ext.A11
Document Type:
Decree
Submitted By:
Plaintiff
Relevance:
Highlights the conclusions of judgments from prior litigations.
Reference:
Ext.A12
Case Classification
Case Type
Civil Suit
Category
Property and Possession Disputes
District
Kollam
State
Kerala
Court Establishment
Munsiff Court Kollam
Common Reasons
Non-payment of rent
Case Code
Case between Kulathra Sree Mahadevar Devaswam Trust et al vs Raman Pillai et al regarding redemption of mortgage and recovery of permission.
Case Code Year
Case between Kulathra Sree Mahadevar Devaswam Trust et al vs Raman Pillai et al regarding redemption of mortgage and recovery of permission.