Case Summary
Rugmini Amma filed a suit for declaration and permanent prohibitory injunction against Mathew.K.Alex, claiming ownership over a property based on a previous sale deed. The defendant contended he is the true owner based on a different sale deed, which the plaintiff argues is a sham.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Plaintiff shall repay the amount of Rs.50,000/- with 12% interests from 03/08/2012 till repayment.
Case Type
Civil Suit
Final Judgment
No
The court declared that Rugmini Amma has right, title and possession over the property and that the sale deed in favor of Mathew.K.Alex is set aside, provided payment of Rs.50,000/- is made with interest.
Why Plaintiff Won:
The plaintiff proved her possession and ownership through relevant documents and established that the defendant's claims were invalid.
The plaintiff proved her possession and ownership through relevant documents and established that the defendant's claims were invalid.
Losing Side's Weaknesses:
Not available
Not available
Supporting Evidence
The plaintiff claims absolute ownership of the plaint schedule property as per Ext.A11 sale deed No.6250/2002 of Kundara SRO and has been in possession, paying land tax and building tax therein.
Judgment Evidence:
In the result, it is declared that the plaintiff has right, title and possession over the plaint schedule property and she is the absolute owner of the plaint schedule property.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Rugmini Amma
- Party Age
- 68
- Relation
- D/o
- Party Role
- Defendant
- Party Name
- Mathew.K.Alex
- Party Age
- 50
- Relation
- S/o
Plaintiffs Documents
Certified copy of Deed No. 3713/12, Encumbrance Certificate, Possession Certificate, Land Tax Receipt, Release Deed No. 3695/12.
Defendants Documents
Original Sale Deed No. 3713/2012, Letter from Kottamkara Grama Panchayat, Letter from Elampalloor Village Office.
Advocates
- Party Role
- Plaintiff
- Advocate Name
- R.Mohana Babu
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Kallada P. Kunjumon
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- B.J.Shibu
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Declaration
Outcome:
Granted
Description:
Declare the right, title and possession of plaintiff over the plaint schedule property ignoring the document No. 3713/2012 as void.
Evidence:
It is declared that the plaintiff has right, title and possession over the plaint schedule property and she is the absolute owner of the plaint schedule property.
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
Restraining the defendant from forcefully dispossessing the plaintiff and interfering with her possession.
Evidence:
Defendant is permanently restraining from forcefully dispossessing the plaintiff from the plaint schedule property and from interfering with the possession of the plaintiff.
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff to repay the loan amount of Rs.50,000/- with interest.
Evidence:
Plaintiff shall repay the amount of Rs.50,000/- with 12% interests from 03/08/2012 till repayment, which led to the creation of document No.3713/12 of SRO Kundara.
Relief Type:
Set Aside
Outcome:
Granted
Description:
Set aside the sale deed No. 3713/12.
Evidence:
Sale deed No. 3713/12 of Kundara SRO is set aside on payment of the above stated amount.
Documents & Evidence
Document Type:
Certified Copy of Deed
Submitted By:
Plaintiff
Relevance:
Used to prove the execution and registration of the sale deed referred to by the defendant.
Reference:
Ext.A1
Document Type:
Encumbrance certificate
Submitted By:
Plaintiff
Relevance:
Shows the legal standing of the property and confirms the plaintiff's ownership.
Reference:
Ext.A2
Document Type:
Possession Certificate
Submitted By:
Plaintiff
Relevance:
Demonstrates the plaintiff's ongoing possession of the property.
Reference:
Ext.A3
Document Type:
Land Tax Receipt
Submitted By:
Plaintiff
Relevance:
Indicates that the plaintiff has been paying taxes for the property, affirming ownership.
Reference:
Ext.A4
Document Type:
Release deed
Submitted By:
Plaintiff
Relevance:
Proves that a loan linked to the property was settled in favor of the plaintiff.
Reference:
Ext.A5
Document Type:
Original Sale Deed
Submitted By:
Defendant
Relevance:
The document claimed by the defendant to establish title over the property.
Reference:
Ext.B1
Document Type:
Letter from Kottamkara Grama Panchayat
Submitted By:
Defendant
Relevance:
Related to the rights regarding the property pending a court decision.
Reference:
Ext.B2
Document Type:
Letter from Elampalloor Village Office
Submitted By:
Defendant
Relevance:
Conveys information about the property tax and the pending case.
Reference:
Ext.B3
Case Classification
Case Type
Civil Suit
Category
Property and Possession Disputes
District
Kollam
State
Kerala
Court Establishment
Munsiff Court Kollam
Common Reasons
Non-payment of rent
Case Code
Case between Rugmini Amma vs Mathew.K.Alex regarding Declaration and Permanent Prohibitory Injunction
Case Code Year
Case between Rugmini Amma vs Mathew.K.Alex regarding Declaration and Permanent Prohibitory Injunction