Case Summary
This suit involves the plaintiffs Paul M A, Thankamma George, and Jacob John who seek a declaration of joint right title and possession over certain properties. The defendants, Lakshmi Sajeev and Lekha Radhakrishnan, dispute the plaintiffs' claims to a way leading to their properties.
Judgment Outcome
Judgment Favored
Partial
Relief Granted
The defendants are restrained from causing obstruction to the user of the plaint schedule item no:2 way as in existence.
Case Type
Civil Suit
Final Judgment
No
The suit is decreed in part, allowing the plaintiffs some rights over the way leading to their properties but not granting the full declaration requested.
Key Reasoning:
The plaintiffs established some usage rights over the way.
The plaintiffs established some usage rights over the way.
Losing Side's Weaknesses:
The plaintiffs established some usage rights over the way.
The plaintiffs established some usage rights over the way.
Supporting Evidence
The plaintiffs could not establish exclusive right over the way. However, the user of the plaint schedule item no.2 way by the plaintiffs could not be prevented.
Judgment Evidence:
In the result, the suit is decreed in part. The defendants are restrained from causing obstruction to the user of the plaint schedule item no:2 way as in existence. There is no order as to costs.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Paul M A
- Party Age
- 65
- Relation
- S/o
- Party Role
- Plaintiff
- Party Name
- Thankamma George
- Party Age
- 81
- Relation
- W/o
- Party Role
- Plaintiff
- Party Name
- Jacob John
- Party Age
- 71
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Lakshmi Sajeev
- Party Age
- 35
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Lekha Radhakrishnan
- Party Age
- 32
- Relation
- D/o
Plaintiffs Documents
Sale Deed No. 1641/1990, Sale Deed No. 1690/1989, Notarised copy of Sale Deed No. 2432/2021.
Defendants Documents
Settlement Deed No. 685/2017, Land Tax Receipt, Settlement Deed No. 686/2017.
Advocates
- Party Role
- Plaintiff
- Advocate Name
- T M Xavierkutty
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Saranyamol M
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- P K Vinodkumar
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Harikrishnan S
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- Ann Mariya Joseph
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Declaration
Outcome:
Refused
Description:
Plaintiffs prayed for a declaration that the plaint schedule item no.1 property is part of item no.2 way.
Evidence:
The declaration prayed by the plaintiffs could not be allowed.
Relief Type:
Injunction
Outcome:
Granted
Description:
Plaintiffs sought an injunction restraining the defendants from causing obstruction to the user of the plaint schedule item no.2 way.
Evidence:
The defendants are restrained from causing obstruction to the user of the plaint schedule item no:2 way as in existence.
Documents & Evidence
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
Certified copy of sale deed no: 1641/1990 indicating the 1st plaintiff's ownership of plaint schedule item no.3 property.
Reference:
Ext.A1
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
Certified copy of sale deed no: 1690/1989 serving as a prior deed related to Ext.A1.
Reference:
Ext.A2
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
Notarised copy of sale deed no. 2432/2021 indicating the transfer of ownership of the way to the plaintiffs.
Reference:
Ext.A3
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
Certified copy of sale deed no. 1402/2002 of Kottayam SRO.
Reference:
Ext.A4
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
Certified copy of sale deed no. 1131/1995 of Kottayam SRO.
Reference:
Ext.A5
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
Certified copy of sale deed no. 231/2011 of Kottayam SRO.
Reference:
Ext.A6
Document Type:
Settlement Deed
Submitted By:
Defendant
Relevance:
Certified copy of settlement deed executed in favour of the 1st defendant.
Reference:
Ext.B1
Document Type:
Land Tax Receipt
Submitted By:
Defendant
Relevance:
Tax receipt indicating payment for the defendants' respective properties.
Reference:
Ext.B2
Document Type:
Settlement Deed
Submitted By:
Defendant
Relevance:
Certified copy of settlement deed executed in favour of the 2nd defendant.
Reference:
Ext.B3
Document Type:
Land Tax Receipt
Submitted By:
Defendant
Relevance:
Tax receipt indicating payment for the defendants' respective properties.
Reference:
Ext.B4
Document Type:
Building Permit
Submitted By:
Defendant
Relevance:
Site approval and building permit obtained from Kottayam Municipal Council.
Reference:
Ext.B5
Document Type:
Approved Plan
Submitted By:
Defendant
Relevance:
Plan for construction of compound wall.
Reference:
Ext.B6
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Report prepared by the Advocate Commissioner related to the pathway and its surroundings.
Reference:
Ext.C1
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Kottayam
State
Kerala
Court Establishment
Munsiff Court, Kottayam
Common Reasons
Case Code
Case between Paul M A et al vs Lakshmi Sajeev et al regarding declaration of joint right title and possession
Case Code Year
Case between Paul M A et al vs Lakshmi Sajeev et al regarding declaration of joint right title and possession