Case Summary
The plaintiff, Mary, claims ownership of a property that belonged to her mother and seeks recovery of possession from the defendants, who have occupied the property. The defendants contend that the property rightfully belongs to them due to prior transactions.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Plaintiff is entitled to recover possession of plaint schedule property shown as plot C3
Case Type
Civil Suit
Final Judgment
No
The court ruled in favor of the plaintiff, declaring her as the owner of the plaint schedule property and entitled to recover possession from the defendants.
Why Plaintiff Won:
The plaintiff proved her ownership of the plaint schedule property, and the defendants failed to establish any valid claim.
The plaintiff proved her ownership of the plaint schedule property, and the defendants failed to establish any valid claim.
Losing Side's Weaknesses:
The plaintiff proved her ownership of the plaint schedule property, and the defendants failed to establish any valid claim.
The plaintiff proved her ownership of the plaint schedule property, and the defendants failed to establish any valid claim.
Supporting Evidence
Thus, from the above evidence and circumstances held it can be said that the plaintiff has got title over the plaint schedule property after the death of her mother.
Judgment Evidence:
In the result suit is decreed as follows: 1) It is hereby declared that the plaintiff has obtained absolute title over the plaint schedule property. 2) Plaintiff is entitled to recover possession of plaint schedule property shown as plot C3 in Ext.C2 (a) plan from 3rd and 4th defendants. C2(a) plan shall from part of decree.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Mary
- Party Age
- 35
- Relation
- D/o Joseph
- Party Role
- Defendant
- Party Name
- Ammini @ Thressia
- Party Age
- 46
- Relation
- W/o late Antony
- Party Role
- Defendant
- Party Name
- Azhruddin
- Party Age
- 46
- Relation
- S/o Mammoonju
- Party Role
- Defendant
- Party Name
- O E Suhara
- Party Age
- 45
- Relation
- W/o Azhruddin
- Party Role
- Defendant
- Party Name
- Harshad
Plaintiffs Documents
Certified copy of Partition deed no. 2607/1968, Certified copy of judgment in OS 862/1992, Certified copy of decree in OS 862/1992, Death Certificate of Smt. Mary, Tax receipt no. 39 issued from Village Office, Thrikkakara North, Tax receipt no. 25 issued from Village Office Thrikkakara North, Certified copy of partition deed no. 874/1993, Certified copy of Sale deed no. 875/1993, Certified copy of Sale deed no. 876/1993, Copy of Survey sketch of field no. 704/2010 of Thrikkakara North Village
Defendants Documents
Partition deed no. 2607/1968 of SRO, Edappally, Partition deed no. 874/1993 of SRO, Edappally
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Dileep Varghese
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Tesmy Dileep
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- K Manu Raj
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Navas Harid
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Declaration
Outcome:
Granted
Description:
Plaintiff seeks a declaration of ownership over the plaint schedule property.
Evidence:
The plaintiff is entitled to get a declaration of her title over the plaint schedule property.
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff entitled to recover possession of plaint schedule property.
Evidence:
Plaintiff is entitled to recover possession of C3 plot from the 3rd and 4th defendants.
Relief Type:
Other
Outcome:
Granted
Description:
Plaintiff entitled to realize the costs of the suit.
Evidence:
Plaintiff is entitled to realize the costs of the suit.
Documents & Evidence
Document Type:
Partition Deed
Submitted By:
Plaintiff
Relevance:
Establishes the plaintiff's claim of ownership over the plaint schedule property.
Reference:
Ext.A1
Document Type:
Judgment
Submitted By:
Plaintiff
Relevance:
Previous judgment supporting the plaintiff's mother’s title over the property.
Reference:
Ext.A2
Document Type:
Decree
Submitted By:
Plaintiff
Relevance:
Previous decree confirming the rights of the plaintiff's mother over the plaint schedule property.
Reference:
Ext.A3
Document Type:
Death Certificate
Submitted By:
Plaintiff
Relevance:
Proves the plaintiff's status as the sole legal heir.
Reference:
Ext.A4
Document Type:
Tax receipt
Submitted By:
Plaintiff
Relevance:
Supports the claim of possession and enjoyment of the property.
Reference:
Ext.A5
Document Type:
Tax receipt
Submitted By:
Plaintiff
Relevance:
Supports the claim of possession and enjoyment of the property.
Reference:
Ext.A6
Document Type:
Partition Deed
Submitted By:
Plaintiff
Relevance:
Related to the allotment in the family partition.
Reference:
Ext.A7
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
Alleged fraudulent transfer of property.
Reference:
Ext.A8
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
Alleged fraudulent transfer of property.
Reference:
Ext.A9
Document Type:
Survey Sketch
Submitted By:
Plaintiff
Relevance:
Demonstrates the physical layout of the property.
Reference:
Ext.A10
Document Type:
Partition Deed
Submitted By:
Defendant
Relevance:
Foundation of the 2nd defendant's claim of ownership.
Reference:
Ext.B1
Document Type:
Partition Deed
Submitted By:
Defendant
Relevance:
Reinforces the 2nd defendant’s position regarding property ownership.
Reference:
Ext.B2
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Important for determining the boundaries and encroachments related to the property.
Reference:
Ext.C2
Document Type:
Plan
Submitted By:
Court
Relevance:
Visual representation of property boundaries as per commission report.
Reference:
Ext.C2(a)
Document Type:
Plan
Submitted By:
Court
Relevance:
Visual representation of property boundaries as per commission report.
Reference:
Ext.C2(b)
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Corrected report crucial for the judgment regarding ownership and encroachment.
Reference:
Ext.C2(c)
Case Classification
Case Type
Civil Suit
Category
Property and Possession Disputes
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Common Reasons
Unauthorized occupation
Case Code
Case between Mary vs Ammini @ Thressia et al regarding declaration and recovery of possession
Case Code Year
Case between Mary vs Ammini @ Thressia et al regarding declaration and recovery of possession