Case Summary
The plaintiffs, Prince U Cheria and Lizmol K Joseph, claim to be the absolute owners of a property they purchased from T.K. Babu, which has been contested by the defendants, including the State of Kerala. The court examined the validity of the patta and the rights of ownership related to the property.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Declaration of ownership, permanent prohibitory injunction, mandatory injunction for mutation of property.
Case Type
Civil Suit
Final Judgment
No
The court declared that the plaintiffs have the rightful ownership of the plaint schedule property and issued a permanent prohibitory injunction against the defendants from dispossessing them.
Why Plaintiff Won:
The court validated the ownership of the plaintiffs based on the earlier issued patta and status of the property.
The court validated the ownership of the plaintiffs based on the earlier issued patta and status of the property.
Losing Side's Weaknesses:
The court validated the ownership of the plaintiffs based on the earlier issued patta and status of the property.
The court validated the ownership of the plaintiffs based on the earlier issued patta and status of the property.
Supporting Evidence
The plaintiffs were able to establish their claim to ownership based on the patta issued and relevant property laws, which the defendants failed to refute adequately.
Judgment Evidence:
In the result, the suit is decreed on the following terms: 1) It is hereby declared that certain notices issued by the defendants are illegal and invalid. 2) The defendants are directed to effect mutation of the plaint schedule property in the names of the plaintiffs. 3) The defendants are restrained from dispossessing the plaintiffs from the property.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Prince U Cheria
- Party Age
- 41
- Relation
- S/o
- Party Role
- Plaintiff
- Party Name
- Lizmol K Joseph
- Party Age
- 40
- Relation
- W/o
- Party Role
- Plaintiff
- Party Name
- K P Ammini
- Party Age
- 69
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- State of Kerala
- Relation
- represented by
- Party Role
- Defendant
- Party Name
- The District Collector, Ernakulam
- Party Role
- Defendant
- Party Name
- The Tahsildar (L.R), Kanayannur Taluk Office
- Party Role
- Defendant
- Party Name
- Village Officer
- Party Role
- Defendant
- Party Name
- T K Babu
- Party Age
- 55
- Relation
- S/o
Plaintiffs Documents
Sale deed No. 28/2017, Sale deed No. 3269/2007, Settlement deed No. 1558/2013, Notice No. S2-12737/17, Letter issued by Village Officer, Lawyer notice issued to defendants.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- V J Joseph
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Sajan Puthenveettil
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- George Joseph T A
- Appearance Type
- Government Pleader
- Law Firm
- Additional Govt. Pleader
Reliefs
Relief Type:
Declaration
Outcome:
Granted
Description:
Plaintiffs requested a declaration that certain notices and memos issued by the defendants are invalid.
Evidence:
It is hereby declared that the Notice No.S.2-127371 dated 16.09.2017 issued by the 3rd defendant... void and invalid.
Relief Type:
Mandatory Injunction
Outcome:
Granted
Description:
Plaintiffs sought a mandatory injunction to effect mutation of the plaint schedule property.
Evidence:
1st to 4th defendants are directed by a mandatory injunction to effect mutation of the plaint schedule property in the names of the plaintiffs forthwith.
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
Plaintiffs requested a permanent prohibitory injunction against dispossession.
Evidence:
1st to 4th defendants are restrained by a permanent prohibitory injunction from taking any action for dispossessing the plaintiffs.
Relief Type:
Other
Outcome:
Granted
Description:
Plaintiffs requested the cost of the proceedings.
Evidence:
Considering the facts and circumstances of the case, plaintiffs are entitled to get the costs of the proceedings.
Documents & Evidence
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
This sale deed evidences the purchase of the plaint schedule property by the plaintiffs from T.K. Babu.
Reference:
Ext.A1
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
This sale deed shows that Omana sold the property to Laila.
Reference:
Ext.A2
Document Type:
Settlement Deed
Submitted By:
Plaintiff
Relevance:
This settlement deed evidences that Laila settled the plaint schedule property on her husband T.K. Babu.
Reference:
Ext.A3
Document Type:
Notice
Submitted By:
Plaintiff
Relevance:
This notice was issued by the Tahasildar regarding the need for prior sanction for transfer.
Reference:
Ext.A4
Document Type:
Letter
Submitted By:
Plaintiff
Relevance:
This letter was issued by the Village Officer regarding a communication on 29.06.2021.
Reference:
Ext.A5
Document Type:
Lawyer's Notice
Submitted By:
Plaintiff
Relevance:
This notice was issued to the defendants pertaining to the case.
Reference:
Ext.A6
Document Type:
Certified Copy
Submitted By:
Plaintiff
Relevance:
This is a certified copy of Gehan No.G2798/2014 from Maradu SRO.
Reference:
Ext.A7
Document Type:
Certified Copy
Submitted By:
Plaintiff
Relevance:
This is a certified copy of the deed of release of Gehan No.2132/2016 from Maradu SRO.
Reference:
Ext.A8
Document Type:
Certified Copy
Submitted By:
Plaintiff
Relevance:
This is a certified copy of sale deed No.2646/2018 from Maradu SRO.
Reference:
Ext.A9
Document Type:
Postal Receipts
Submitted By:
Plaintiff
Relevance:
These postal receipts evidence communications made in relation to the case.
Reference:
Ext.A10
Document Type:
Acknowledgement Card
Submitted By:
Plaintiff
Relevance:
These cards evidence the receipt of notices by the defendants.
Reference:
Ext.A11
Document Type:
Application under Right to Information Act
Submitted By:
Plaintiff
Relevance:
This application was filed for obtaining a copy of patta No.971/1967.
Reference:
Ext.A12
Document Type:
Reply letter
Submitted By:
Plaintiff
Relevance:
This letter was received from the Public Information Officer regarding the RTI application.
Reference:
Ext.A13
Case Classification
Case Type
Civil Suit
Category
Property and Possession Disputes
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Common Reasons
Violation of lease conditions
Case Code
Case between Prince U Cheria et al vs State of Kerala et al regarding declaration and permanent prohibitory injunction
Case Code Year
Case between Prince U Cheria et al vs State of Kerala et al regarding declaration and permanent prohibitory injunction