OS.No.225/2007

Case between S. Geetha Devi vs Sasidharan Pandarathil alias Narayanaru Sasisekhararu et al regarding declaration of right, title and interest including possession over property.

Court

COURT OF PRINCIPAL MUNSIFF

Judge

Sri. Mithun Gopi.G.S

Order Date

2025-03-28

Duration

approximately-17 years 0 days

Case Code No.

225

Case Closed

Fri, 03/28/2025 - 12:00

Judgement document from eCourt website

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Case Summary

S. Geetha Devi is the plaintiff seeking a declaration of right, title, and interest over the property. The defendants include Sasidharan Pandarathil, P. Manoharan, and Udayan, Secretary of a trust, disputing the plaintiff's claims over the property.

Judgment Outcome

Defendant Won

Interim Order

The court dismissed the plaintiff's claims for declaration of right, title, and possession over the plaint 'B' schedule property and also denied the request for injunction. The plaintiff was granted the right to construct a boundary as specified in the judgment.

Judgment Favored

Defendant

Relief Granted

The plaintiff is entitled to construct a boundary using a granite foundation along the 'C-U-V-E1' line.

Case Type

Civil Suit

Final Judgment

Key Reasoning:
The court found that the plaintiff failed to prove ownership or possession over the plaint 'B' schedule property.

Why Defendant Won:
The court found that the plaintiff failed to prove ownership or possession over the plaint 'B' schedule property.

Supporting Evidence

The court concluded that the plaintiff has failed to sufficiently demonstrate the necessary elements for the grant of a declaration of right, title, interest and possession over the plaint 'B' schedule property.

Judgment Evidence:

In the result; the suit is partly decreed as follows: (a) The prayer for declaration of right, title, interest and possession of the plaintiff over the plaint ‘B’ schedule property is dismissed. (b) The prayer for injunction over the plaint schedule properties is also dismissed.

Parties Involved

Parties

Party Role: Plaintiff
Party Name: S. Geetha Devi
Party Age: 38
Relation: W/o

Party Role: Defendant
Party Name: Sasidharan Pandarathil alias Narayanaru Sasisekhararu
Party Age: 57
Relation: S/o

Party Role: Defendant
Party Name: P. Manoharan

Party Role: Defendant
Party Name: Udayan

Plaintiffs Documents

Power of attorney, Certified copy of Sale Deed No. 3191/1979, Partition Deed No. 1183/1995, Tax receipt dated 16.01.2007.

Defendants Documents

Partition Deed No. 1998/1959, Original Settlement Deed No.198/1988, Certified Copy of Sale Deed No. 162/1973.

Advocates

Party Role: Plaintiff
Advocate Name: Sri. V.K. Radhakrishnan Nair
Appearance Type: Main Counsel

Party Role: Defendant
Advocate Name: Sri. Kulathoor S.V. Premakumaran Nair
Appearance Type: Main Counsel

Reliefs

Relief Type: Declaration

Outcome: Refused

Description:

The plaintiff sought a declaration of right, title, and interest over the plaint 'B' schedule property.

Evidence:

The prayer for declaration of right, title, interest and possession of the plaintiff over the plaint ‘B’ schedule property is dismissed.

Relief Type: Permanent Injunction

Outcome: Refused

Description:

The plaintiff requested a permanent injunction against the defendants concerning the plaint schedule properties.

Evidence:

The prayer for injunction over the plaint schedule properties is also dismissed.

Relief Type: Mandatory Injunction

Outcome: Granted

Description:

The plaintiff is entitled to construct a boundary on the northern boundary of the plaint 'A' schedule property.

Evidence:

The plaintiff is entitled to put up boundary on the northern boundary of the plaint ‘A’ schedule separating the plaint ‘A’ and ‘B’ schedule properties through 'C-U-V-E1' line.

Relief Type: Mandatory Injunction

Outcome: Granted

Description:

The plaintiff received permission to construct a granite foundation for the boundary.

Evidence:

The plaintiff is also entitled to construct a boundary using a granite foundation along the 'C-U-V-E1' line.

Documents & Evidence

Document Type: Power of Attorney

Submitted By: Plaintiff

Relevance:

This document grants authority to the plaintiff's husband to act on her behalf.

Reference:

Ext.A1

Document Type: Sale deed

Submitted By: Plaintiff

Relevance:

This document confirms the sale of the plaint 'A' schedule property in 1979.

Reference:

Ext.A2

Document Type: Partition Deed

Submitted By: Plaintiff

Relevance:

This document details the partition of property among family members, allotting the plaint 'A' schedule property to the plaintiff.

Reference:

Ext.A3

Document Type: Tax receipt

Submitted By: Plaintiff

Relevance:

This document serves as evidence of the plaintiff paying property tax.

Reference:

Ext.A4

Document Type: Certified copy of the Plaint in OS 2853/1990

Submitted By: Plaintiff

Relevance:

This document is part of a previous suit related to the property in question.

Reference:

Ext.A5

Document Type: Certified copy of the Written Statement in OS 2853/1990

Submitted By: Plaintiff

Relevance:

This document provides details of the defense put forward in the previous suit.

Reference:

Ext.A6

Document Type: Certified copy of the Decree in OS 2853/1990

Submitted By: Plaintiff

Relevance:

This document presents the judgment in the earlier suit, which is relevant to the present case.

Reference:

Ext.A7

Document Type: Basic Tax Register

Submitted By: Plaintiff

Relevance:

This document provides evidence related to the tax records of the property.

Reference:

Ext.A8

Document Type: Lithograph of the Plan

Submitted By: Plaintiff

Relevance:

This document shows the property boundaries and layout.

Reference:

Ext.A9

Document Type: Copy of the Field Register

Submitted By: Plaintiff

Relevance:

This document provides further evidence related to land records.

Reference:

Ext.A10

Document Type: Tax receipt

Submitted By: Plaintiff

Relevance:

This document serves as evidence of the plaintiff's recent tax payments.

Reference:

Ext.A11

Document Type: Tax receipt

Submitted By: Plaintiff

Relevance:

This document serves as further evidence of the plaintiff's recent tax payments.

Reference:

Ext.A12

Document Type: Partition Deed

Submitted By: Defendant

Relevance:

This document provides evidence of the 1st defendant's title to a portion of property.

Reference:

Ext.B1

Document Type: Settlement Deed

Submitted By: Defendant

Relevance:

This document is part of the evidence used to establish the defendant's claim to property.

Reference:

Ext.B2

Document Type: Sale deed

Submitted By: Defendant

Relevance:

This document is part of the evidence establishing the defendant's ownership of property.

Reference:

Ext.B3

Document Type: Certified copy of Sale Deed

Submitted By: Defendant

Relevance:

This document provides evidence of the transfer of property ownership.

Reference:

Ext.B4

Document Type: Sale Agreement

Submitted By: Defendant

Relevance:

This document shows an agreement made regarding the property in question.

Reference:

Ext.B5

Document Type: Sale deed

Submitted By: Defendant

Relevance:

This document is a formal sale deed for property related to the case.

Reference:

Ext.B6

Document Type: Tax receipt

Submitted By: Defendant

Relevance:

This document serves as evidence of the defendant's tax payments.

Reference:

Ext.B7

Document Type: Thandaper Abstract

Submitted By: Defendant

Relevance:

This document provides additional land registration information.

Reference:

Ext.B8

Document Type: Location Sketch

Submitted By: Defendant

Relevance:

This document helps illustrate the layout of the properties involved.

Reference:

Ext.B9

Document Type: Encumbrance certificate

Submitted By: Defendant

Relevance:

This document certifies the status of the property concerning any encumbrances.

Reference:

Ext.B10

Document Type: Copy of the Re-survey Plan

Submitted By: Defendant

Relevance:

This document contains details of the property as per the recent survey.

Reference:

Ext.B11

Document Type: Tax receipt

Submitted By: Defendant

Relevance:

This document serves as evidence of the defendant's tax payments.

Reference:

Ext.B12

Document Type: Re-Survey Plan

Submitted By: Defendant

Relevance:

This document showcases the updated survey details of the property.

Reference:

Ext.B13

Document Type: Tax receipt

Submitted By: Defendant

Relevance:

This document serves as evidence of the defendant's recent tax payments.

Reference:

Ext.B14