Case Summary
The plaintiffs, Kunjumol and Lissy, are seeking to set aside specific documents related to property and partition it. The defendants include Jancy and others, who contest the plaintiffs' claims over the property.
Judgment Outcome
Judgment Favored
Defendant
Relief Granted
Case Type
Civil Suit
Final Judgment
No
The court dismissed the suit brought by the plaintiffs against the defendants, upholding the defendants' claims to the property in question.
Key Reasoning:
The court found the plaintiffs' claim to be barred by the law of limitation and lacking sufficient evidence.
The court found the plaintiffs' claim to be barred by the law of limitation and lacking sufficient evidence.
Why Defendant Won:
The court found the plaintiffs' claim to be barred by the law of limitation and lacking sufficient evidence.
The court found the plaintiffs' claim to be barred by the law of limitation and lacking sufficient evidence.
Supporting Evidence
The plaintiffs did not produce any independent evidence to establish their right over the plaint schedule property, while the defendants demonstrated valid ownership through registered documents.
Judgment Evidence:
In the result, the suit is dismissed with costs to the defendants.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Kunjumol
- Party Age
- 48
- Relation
- D/o
- Party Role
- Plaintiff
- Party Name
- Lissy
- Party Age
- 42
- Relation
- D/o
- Party Role
- Defendant
- Party Name
- Jancy
- Party Age
- 52
- Relation
- D/o
- Party Role
- Defendant
- Party Name
- Philomina
- Party Age
- 46
- Relation
- D/o
- Party Role
- Defendant
- Party Name
- Rajan
- Party Age
- 40
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Emi
- Party Age
- 30
- Relation
- D/o
- Party Role
- Defendant
- Party Name
- Minimol
- Party Age
- 28
- Relation
- D/o
Plaintiffs Documents
Settlement deed No.3590/2001, Settlement deed No.1412/2018, Copy of Ration Card, Copy of Adhar Card
Defendants Documents
Copy of certificate (kudikidappu), Copy of will deed No.59/1991, Tax receipt, Order of the Secretary, Kollam Municipal Corporation, Tax receipt, Building Tax receipt, Demand disconnection notice issued from Kerala Water Authority
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Mathew Johnson
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Benoy
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Navajoth.S
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Partition
Outcome:
Refused
Description:
The plaintiffs sought partition of the property.
Evidence:
Issue No.3 and 4: On the above discussions, it is clear that the plaint schedule property is not partiable. Issues found accordingly.
Relief Type:
Injunction
Outcome:
Refused
Description:
The plaintiffs sought to restrain the defendants from evicting them from the plaint scheduled property.
Evidence:
Hence, the suit is liable to be dismissed.
Documents & Evidence
Document Type:
Settlement Deed
Submitted By:
Plaintiff
Relevance:
Certified copy of settlement deed No.3590/2001 was marked to support the plaintiffs' claim.
Reference:
Ext.A1
Document Type:
Settlement Deed
Submitted By:
Plaintiff
Relevance:
Certified copy of settlement deed No.1412/2018 was marked to support the plaintiffs' claim.
Reference:
Ext.A2
Document Type:
Ration Card
Submitted By:
Plaintiff
Relevance:
Copy of Ration Card was marked after comparing with original.
Reference:
Ext.A3
Document Type:
Aadhar Card
Submitted By:
Plaintiff
Relevance:
Copy of Aadhar Card was marked after comparing with original.
Reference:
Ext.A4
Document Type:
Certificate (Kudikidappu)
Submitted By:
Defendant
Relevance:
Copy of certificate issued from Addl. Land Tribunal, Kollam was marked subject to proof.
Reference:
Ext.B1
Document Type:
Will Deed
Submitted By:
Defendant
Relevance:
Copy of will deed No.59/1991 was marked subject to proof.
Reference:
Ext.B2
Document Type:
Tax receipt
Submitted By:
Defendant
Relevance:
Tax receipt dated 28.09.2018 was marked.
Reference:
Ext.B3
Document Type:
Municipal Corporation Order
Submitted By:
Defendant
Relevance:
Order stating possession of building dated 16.10.2018 was marked.
Reference:
Ext.B4
Document Type:
Tax receipt
Submitted By:
Defendant
Relevance:
Tax receipt dated 27.07.2018 was marked.
Reference:
Ext.B5
Document Type:
Building Tax Receipt
Submitted By:
Defendant
Relevance:
Building tax receipt dated 27.08.2018 was marked.
Reference:
Ext.B6
Document Type:
Disconnection Notice
Submitted By:
Defendant
Relevance:
Demanded disconnection notice issued from Kerala Water Authority dated 17.09.2018 was marked.
Reference:
Ext.B7
Document Type:
Thandaper Register
Submitted By:
Unknown
Relevance:
True copy of relevant page of Thandaper Register, showing that the property is owned by Karmali.
Reference:
Ext.X1
Document Type:
Thandaper Register
Submitted By:
Unknown
Relevance:
True copy of relevant page of Thandaper Register, showing that the property is owned by Jancy.
Reference:
Ext.X2
Document Type:
Thandaper Register
Submitted By:
Unknown
Relevance:
True copy of relevant page of Thandaper Register, showing that the property is owned by Minimol.
Reference:
Ext.X3
Case Classification
Case Type
Civil Suit
Category
Property and Possession Disputes
District
Kollam
State
Kerala
Court Establishment
Munsiff Court Kollam
Common Reasons
Case Code
Case between Kunjumol et al vs Jancy et al regarding setting aside documents and partition
Case Code Year
Case between Kunjumol et al vs Jancy et al regarding setting aside documents and partition