Case Summary
The plaintiff, Ramachandran Nair, is the managing trustee of the Karipezhathu family temple and is claiming absolute title over the property against the defendants, who are attempting to claim control over it. The court was asked to declare the plaintiff's title and prevent the defendants from interfering.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
It is declared that the plaintiff has absolute title and possession of the plaint schedule property. The defendants are permanently restrained from forcefully possessing and executing documents relating to the plaint schedule property. Plaintiff is entitled to costs.
Case Type
Civil Suit
Final Judgment
No
The court ruled in favor of the plaintiff, granting a declaration of absolute title over the property and restraining the defendants from interfering. The plaintiff is also entitled to recover costs.
Why Plaintiff Won:
Evidence provided by the plaintiff, including documents, remained unchallenged.
Evidence provided by the plaintiff, including documents, remained unchallenged.
Losing Side's Weaknesses:
Evidence provided by the plaintiff, including documents, remained unchallenged.
Evidence provided by the plaintiff, including documents, remained unchallenged.
Supporting Evidence
Here, the evidence of PW1 coupled with Exts. A1, A4 and A5 would prove the case of the plaintiff. Pleadings and evidences of the plaintiff remains unchallenged.
Judgment Evidence:
In the result, the suit is decreed with costs as follows: i. It is declared that the plaintiff has absolute title and possession of plaintiff Karipezhathu family on the plaint schedule property. ii. The defendants are permanently restrained from forcefully possessing and executing document relating to the plaint schedule property.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Ramachandran Nair
- Party Age
- 80
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- The Travancore Devaswom Board
- Relation
- represented by
- Party Role
- Defendant
- Party Name
- The Assistant Commissioner, Travancore Devaswam Board
Plaintiffs Documents
Settlement Deed No. 825/1991, Order in OS No. 861/2001 dated 02/11/2001, Photos of plaint schedule kalari.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- V.Vrajmohan
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Parippally R.Raveendran
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Declaration
Outcome:
Granted
Description:
Declaration of absolute title and possession of the property for the plaintiff.
Evidence:
It is declared that the plaintiff has absolute title and possession of plaintiff Karipezhathu family on the plaint schedule property.
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
Permanent restraint on defendants from forcefully possessing the property.
Evidence:
The defendants are permanently restrained from forcefully possessing and executing document relating to the plaint schedule property.
Relief Type:
Costs
Outcome:
Granted
Description:
Recovery of costs from the defendants.
Evidence:
Plaintiff is also entitled to realise the costs of the suit from the defendants.
Documents & Evidence
Document Type:
Settlement Deed
Submitted By:
Plaintiff
Relevance:
Proves the plaintiff's claim of absolute title and possession over the property.
Reference:
Ext.A1
Document Type:
Court Order
Submitted By:
Plaintiff
Relevance:
Supports the plaintiff's previous claim in OS No. 861/2001.
Reference:
Ext.A4
Document Type:
Photos
Submitted By:
Plaintiff
Relevance:
Substantiates the plaint claim regarding the kalari.
Reference:
Ext.A5
Document Type:
Oral Evidence
Submitted By:
Plaintiff
Relevance:
Evidence from PW1 supports the plaintiff's case.
Reference:
Case Classification
Case Type
Civil Suit
Category
Property and Possession Disputes
District
Kollam
State
Kerala
Court Establishment
Munsiff Court Kollam
Common Reasons
Unauthorized occupation
Case Code
Case between Ramachandran Nair vs The Travancore Devaswom Board et al regarding Declaration and Injunction
Case Code Year
Case between Ramachandran Nair vs The Travancore Devaswom Board et al regarding Declaration and Injunction