Case Summary
The plaintiffs, Mary Dasan and her family, filed a suit for declaration and injunction against the defendant Henry George, who is the brother of the first plaintiff, concerning ownership and possession of certain properties. The counterclaim was filed by the defendant seeking to set aside certain settlement deeds executed by the plaintiffs.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Declaration of ownership and correction of revenue records.
Case Type
Civil Suit
Final Judgment
No
The court ruled in favor of the plaintiffs, declaring them as the absolute owners of the properties in question and ordering the correction of revenue records. The counterclaim was dismissed.
Why Plaintiff Won:
The plaintiffs proved their ownership and possession of the properties based on valid documents.
The plaintiffs proved their ownership and possession of the properties based on valid documents.
Losing Side's Weaknesses:
The plaintiffs proved their ownership and possession of the properties based on valid documents.
The plaintiffs proved their ownership and possession of the properties based on valid documents.
Supporting Evidence
By producing Exts.A1 to A9 and by deposing in tune with the plaint averments in the affidavit, the plaintiffs have succeeded in proving their case.
Judgment Evidence:
In the result, the suit is decreed as follows: (I) It is hereby declared that the plaintiffs 3 and 5 are the absolute owners of plaint A schedule property by virtue of Settlement deed No. 2892/2018... (II) The defendants 1 to 4 are directed to correct the revenue records...
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Mary Dasan
- Party Age
- 60
- Relation
- S/o
- Party Role
- Plaintiff
- Party Name
- Francis Betty
- Party Age
- 62
- Relation
- W/o
- Party Role
- Plaintiff
- Party Name
- Samson Henry
- Party Age
- 41
- Relation
- S/o
- Party Role
- Plaintiff
- Party Name
- Bibin Das
- Party Age
- 30
- Relation
- S/o
- Party Role
- Plaintiff
- Party Name
- Vinitha. M
- Party Age
- 35
- Relation
- D/o
- Party Role
- Defendant
- Party Name
- The District Collector, Kollam
- Party Role
- Defendant
- Party Name
- The Tahasildar, Taluk Office, Kollam
- Party Role
- Defendant
- Party Name
- The Village Officer, Thazhuthala Village, Kottiyam P.O., Kollam
- Party Role
- Defendant
- Party Name
- The Survey Deputy Superintendent, Civil Station, Kollam
- Party Role
- Defendant
- Party Name
- Henry George
- Party Age
- 60
- Relation
- S/o
Plaintiffs Documents
Certified copy of sale deed No. 71/1982, Land tax receipt dated 06/04/2016, Certified copy of settlement deed No. 2892/2018, Certified copy of settlement deed No. 2893/2018.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Saju George
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sicin G. Mundakkal
- Appearance Type
- Government Pleader
- Party Role
- Defendant
- Advocate Name
- R. Sam
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Declaration
Outcome:
Granted
Description:
Plaintiffs 3 and 5 declared as absolute owners of plaint A schedule property.
Evidence:
It is hereby declared that the plaintiffs 3 and 5 are the absolute owners of plaint A schedule property by virtue of Settlement deed No. 2892/2018.
Relief Type:
Declaration
Outcome:
Granted
Description:
Plaintiff 4 declared as absolute owner of plaint B schedule property.
Evidence:
The 4th plaintiff is the absolute owner of plaint B schedule property by virtue of settlement deed No. 2893/2018 of Kottiyam SRO.
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
Restraining the 5th defendant from trespassing into plaint A and B schedule properties.
Evidence:
The 5th defendant is hereby restrained from trespassing into the plaint A and B schedule properties.
Relief Type:
Cost
Outcome:
Granted
Description:
Plaintiffs entitled to recover costs of the suit from the defendants.
Evidence:
The plaintiffs are entitled to realise the costs of the suit from the defendants.
Relief Type:
Not Decided
Outcome:
Not Decided
Description:
Plaintiffs' other claims for mandatory injunction.
Evidence:
Not specified in detail.
Relief Type:
Not Decided
Outcome:
Not Decided
Description:
Counter claim claims for declaration and setting aside settlement deed.
Evidence:
Counterclaim dismissed.
Documents & Evidence
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
Certified copy of sale deed No. 71/1982 establishing plaintiffs' title over the property.
Reference:
Ext.A1
Document Type:
Land Tax Receipt
Submitted By:
Plaintiff
Relevance:
Land tax receipt dated 06/04/2016 establishing the plaintiffs' tax payments.
Reference:
Ext.A2
Document Type:
Settlement Deed
Submitted By:
Plaintiff
Relevance:
Certified copy of settlement deed No. 2892/2018 supporting the claim of plaintiffs 3 and 5.
Reference:
Ext.A3
Document Type:
Settlement Deed
Submitted By:
Plaintiff
Relevance:
Certified copy of settlement deed No. 2893/2018 supporting the claim of plaintiff 4.
Reference:
Ext.A4
Document Type:
Complaint
Submitted By:
Plaintiff
Relevance:
Copy of complaint and receipt filed before Tahasildar, Kollam related to revenue records.
Reference:
Ext.A5
Document Type:
Proceedings
Submitted By:
Plaintiff
Relevance:
Copy of proceedings No. C11-9712/2013 from the office of Kollam Additional Tahasildar.
Reference:
Ext.A6
Document Type:
Order
Submitted By:
Plaintiff
Relevance:
Copy of order No. LA-136749/2019 of District Collector, Kollam related to the property.
Reference:
Ext.A7
Document Type:
Lawyer's Notice
Submitted By:
Plaintiff
Relevance:
Office copy of lawyer’s notice dated 12/06/2020.
Reference:
Ext.A8
Document Type:
Postal Receipts
Submitted By:
Plaintiff
Relevance:
Postal receipts supporting the communication regarding the case.
Reference:
Ext.A9
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 Mary Dasan et al vs Henry George et al regarding declaration and injunction
Case Code Year
Case between Mary Dasan et al vs Henry George et al regarding declaration and injunction