Case Summary
The plaintiff, Mathew, seeks a declaration of his title and possession over a property previously owned by T.T Joseph. The defendants, legal heirs of the deceased T.T Joseph, did not appear in court.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Title and possession of plaintiff over plaint schedule property is hereby declared and defendants are restrained from trespassing.
Case Type
Civil Suit
Final Judgment
No
The suit is decreed in favor of the plaintiff, declaring his title and possession over the property. The defendants are restrained from trespassing into the property.
Why Plaintiff Won:
The plaintiff provided unrebutted evidence proving his ownership and possession of the property.
The plaintiff provided unrebutted evidence proving his ownership and possession of the property.
Losing Side's Weaknesses:
The plaintiff provided unrebutted evidence proving his ownership and possession of the property.
The plaintiff provided unrebutted evidence proving his ownership and possession of the property.
Supporting Evidence
From the unrebutted evidence of PW1 and Exts.A1 to A4, it is proved that plaintiff is the absolute owner in possession and enjoyment of the plaint schedule property.
Judgment Evidence:
In the result, the suit is decreed without costs as follows; 1) Title and possession of plaintiff over plaint schedule property is hereby declared. 2) Defendants and their men are hereby restrained by a decree of permanent prohibitory injunction from trespassing into the plaint schedule property.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Mathew
- Party Age
- 59
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Ann Thottakkara
- Party Age
- 80
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Jude Thaddeus
- Party Age
- 51
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Rose Thottakkara
- Party Age
- 52
- Relation
- D/o
- Party Role
- Defendant
- Party Name
- Theresa Thottakkara
- Party Age
- 54
- Relation
- D/o
Plaintiffs Documents
Certified copy of Sale Deed No. 1014/1/1991, Certified copy of Sale Deed No. 1018/1/1991, Certified copy of Sale Deed No. 217/1/2002, Tax receipt
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Jaimon Jose
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Declaration
Outcome:
Granted
Description:
Declaration of title and possession of the plaint schedule property.
Evidence:
In the result, the suit is decreed without costs as follows; 1) Title and possession of plaintiff over plaint schedule property is hereby declared.
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
Permanent prohibitory injunction restraining defendants from trespassing into the plaint schedule property.
Evidence:
Defendants and their men are hereby restrained by a decree of permanent prohibitory injunction from trespassing into the plaint schedule property and from dispossessing the plaintiff from the plaint schedule property.
Documents & Evidence
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
Certified copy of Sale Deed No. 1014/1991 of SRO Kozhuvanal which shows prior ownership of the property.
Reference:
Ext.A1
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
Certified copy of Sale Deed No. 1018/1991 of SRO Kozhuvanal which indicates further ownership transfer.
Reference:
Ext.A2
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
Certified copy of Sale Deed No. 217/2002 of SRO Kozhuvanal which confirms the plaintiff's purchase of the property.
Reference:
Ext.A3
Document Type:
Tax receipt
Submitted By:
Plaintiff
Relevance:
Tax receipt demonstrating the plaintiff's responsibility for property taxes.
Reference:
Ext.A4
Case Classification
Case Type
Civil Suit
Category
Property and Possession Disputes
District
Kottayam
State
Kerala
Court Establishment
Munsiff Court, Pala
Common Reasons
Declaration of title
Case Code
Case between Mathew vs Ann Thottakkara et al regarding declaration of title and possession
Case Code Year
Case between Mathew vs Ann Thottakkara et al regarding declaration of title and possession