Case Summary
The plaintiff, M/s. Girija Jayapal, is suing the defendant, Dhanapal Sreedharan, for the possession of an original Will Deed that the defendant has allegedly taken and is refusing to return. The case stems from a dispute over ownership of property inherited by the plaintiff's husband.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
It is declared that the original Will Deed No. 28/2011 dated 18/04/2011 of Kilikolloor SRO is in the possession of the defendant. The defendant is directed to show the original Will Deed to the plaintiff.
Case Type
Civil Suit
Final Judgment
No
The court decreed the suit in favor of the plaintiff, confirming that the original Will Deed is in the possession of the defendant and ordering the defendant to show it to the plaintiff.
Why Plaintiff Won:
The plaintiff's case stands proved and was unchallenged by evidence.
The plaintiff's case stands proved and was unchallenged by evidence.
Losing Side's Weaknesses:
The plaintiff's case stands proved and was unchallenged by evidence.
The plaintiff's case stands proved and was unchallenged by evidence.
Supporting Evidence
Herein this case plaintiffs case stands proved and unchallenged by the pleadings and evidences. There is no contra evidence to prove otherwise.
Judgment Evidence:
In the result, suit is decreed as follows: i. It is declared that the original Will Deed No. 28/2011 dated 18/04/2011 of Kilikolloor SRO is in the possession of the defendant. ii. The defendant is directed to show the original Will Deed No. 28/2011 dated 18/04/2011 of Kilikolloor SRO to the plaintiff.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- M/s.Girija Jayapal
- Party Age
- 53
- Relation
- W/o
- Party Role
- Plaintiff
- Party Name
- Manoharan.P
- Party Age
- 50
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Dhanapal Sreedharan
- Party Age
- 46
- Relation
- S/o
Plaintiffs Documents
Original Power of Attorney, Certified copy of Will Deed No. 28/2011 of Kilikolloor SRO, Land Tax Receipt.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- P.Sreekumaran Pillai
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- P.S.Anila
- Appearance Type
- Assisting Counsel
- Party Role
- Plaintiff
- Advocate Name
- Sruthy Suresh
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- Salmath.A
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sabitha.R
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Declaration
Outcome:
Granted
Description:
Declaration that the original Will Deed No. 28/2011 is in the possession of the defendant.
Evidence:
It is declared that the original Will Deed No. 28/2011 dated 18/04/2011 of Kilikolloor SRO is in the possession of the defendant.
Relief Type:
Mandatory Injunction
Outcome:
Granted
Description:
Direction to the defendant to show the original Will Deed to the plaintiff upon request.
Evidence:
The defendant is directed to show the original Will Deed No. 28/2011 dated 18/04/2011 of Kilikolloor SRO to the plaintiff or to any person authorized by the plaintiff whenever the plaintiff so requires.
Relief Type:
Other
Outcome:
Granted
Description:
Entitlement for the plaintiff to realize the costs of the suit from the defendant.
Evidence:
Plaintiff is also entitled to realise the costs of the suit from the defendant.
Documents & Evidence
Document Type:
Power of Attorney
Submitted By:
Plaintiff
Relevance:
Original power of attorney establishing the plaintiff's right to file the suit.
Reference:
Ext.A1
Document Type:
Will Deed
Submitted By:
Plaintiff
Relevance:
Attested copy of the Will Deed proving the plaintiff's ownership of the property.
Reference:
Ext.A2
Document Type:
Tax receipt
Submitted By:
Plaintiff
Relevance:
Land tax receipt evidencing the plaintiff's possession of the property.
Reference:
Ext.A3
Case Classification
Case Type
Civil Suit
Category
Property and Possession Disputes
District
Kollam
State
Kerala
Court Establishment
Munsiff Court Kollam
Common Reasons
Ownership Dispute
Case Code
Case between M/s.Girija Jayapal vs Dhanapal Sreedharan regarding Declaration and Injunction
Case Code Year
Case between M/s.Girija Jayapal vs Dhanapal Sreedharan regarding Declaration and Injunction