Case Summary
The plaintiffs, Mary Varghese and her children, claim title to a house plot from the defendant, Periyar Agro Farm, alleging they entered into a sale agreement that the defendant failed to honor. The case centers around the plaintiffs' possession of the property due to adverse possession after years of waiting for the defendant to register the plot.
Judgment Outcome
Judgment Favored
Defendant
Relief Granted
Case Type
Civil Suit
Final Judgment
No
Key Reasoning:
Judgment Evidence:
In the result, the suit is dismissed. The parties are directed to suffer their respective costs.
Parties Involved
Plaintiffs
Mary Varghese (82 years)
27/3441, Arackal, Perumanoor, Ernakulam Village, Elamkulam Desom, Kanayannur Taluk, Ernakulam District, PIN – 682 015
Jose Varghese (48 years)
27/3441, Arackal, Perumanoor, Ernakulam Village, Elamkulam Desom, Kanayannur Taluk, Ernakulam District, PIN – 682 015
Justine Varghese (44 years)
27/3441, Arackal, Perumanoor, Ernakulam Village, Elamkulam Desom, Kanayannur Taluk, Ernakulam District, PIN – 682 015
Defendants
Periyar Agro Farm (P) Ltd. (Age not specified years)
36/1830 - d, Rep. by its Managing Director, Sankoorikkal Building, Near Bus Stand, Kaloor, Kochi – 682 017, Ernakulam District
Reliefs
Relief Type:
Declaration
Outcome:
Refused
Description:
Declaration of title over the plaint schedule property.
Evidence:
There is also no specific averment that the plaint schedule property had been in the ownership or title of the defendant.
Relief Type:
Permanent Injunction
Outcome:
Refused
Description:
Permanent injunction against the defendant regarding the plaint schedule property.
Evidence:
In view of these facts, the reliefs sought for cannot be positively granted and the suit is therefore dismissed.
Documents & Evidence
Document Type:
Application cum Acknowledgment
Submitted By:
Plaintiff
Relevance:
Used to support the plaintiff's claim regarding the booking of the house plot.
Reference:
Ext.A1
Document Type:
Agreement
Submitted By:
Plaintiff
Relevance:
Signifies the agreement executed in favor of Late A.A. Varghese for the house plot purchase.
Reference:
Ext.A2
Document Type:
Receipt
Submitted By:
Plaintiff
Relevance:
Receipts proving the payments made by Late A.A. Varghese towards the house plot.
Reference:
Ext.A3 to Ext.A12
Document Type:
Death Certificate
Submitted By:
Plaintiff
Relevance:
Shows the proof of death of Late A.A. Varghese.
Reference:
Ext.A13
Document Type:
Death Certificate
Submitted By:
Plaintiff
Relevance:
Digitally signed copy of the death certificate of Late A.A. Varghese.
Reference:
Ext.A13(a)