Case Summary
The plaintiffs, Simon Sunny and others, filed a suit for rectification of mistakes in sale deeds executed by the defendant, Joseph. The case revolves around property ownership and the omission of certain lands in the defendant's sale deed.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Case Type
Civil Suit
Final Judgment
No
The court disposed of both interim applications directing the parties to maintain status quo regarding the property.
Why Plaintiff Won:
The plaintiffs demonstrated their possession and enjoyment of the property in question.
The plaintiffs demonstrated their possession and enjoyment of the property in question.
Losing Side's Weaknesses:
Not available
Not available
Supporting Evidence
The plaintiffs/petitioners claim that they are in possession and enjoyment of plaint schedule item No.1 property. The available documents before the court are insufficient to reach a prima facie conclusion regarding the possession and ownership of the property scheduled as item No.2.
Judgment Evidence:
In the result, IA No.2/2024 and IA No.5/2025 are disposed of directing the parties to maintain status quo as reported by the commissioner in Exts C2 and C2(a) subject to the above observations.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Simon Sunny
- Party Age
- 23
- Relation
- S/o
- Party Role
- Plaintiff
- Party Name
- Joykutty Sebastian
- Party Age
- 63
- Relation
- S/o
- Party Role
- Plaintiff
- Party Name
- Elcykutty Sebastian
- Party Age
- 61
- Relation
- D/o
- Party Role
- Plaintiff
- Party Name
- Marykutty Sebastian
- Party Age
- 67
- Relation
- D/o
- Party Role
- Defendant
- Party Name
- Joseph @ iju
- Party Age
- 60
- Relation
- S/o
Plaintiffs Documents
Sale Deed No.594/1982, Sale Deed No.1020/2002
Defendants Documents
Gift deed No.1568/1955, Sale deed No.488/1977, Land Tax Receipts.
Advocates
- Party Role
- Plaintiff
- Advocate Name
- George Kurian
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- A.K. Kuriakose
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Temporary Injunction
Outcome:
Granted
Description:
Directing the parties to maintain status quo as reported by the commissioner.
Evidence:
IA No.2/2024 and IA No.5/2025 are disposed of directing the parties to maintain status quo as reported by the commissioner in Exts C2 and C2(a).
Documents & Evidence
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
Copy of Sale Deed No. 594/1982 of S.R.O., Kanjirappally, showing the defendant's possession.
Reference:
Ext.A1
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
Copy of Sale Deed No. 1020/2002 of S.R.O., Kanjirappally, relevant for the transaction involving S. Babu.
Reference:
Ext.A2
Document Type:
Gift Deed
Submitted By:
Defendant
Relevance:
Copy of gift deed No. 1568/1955 executed in favour of Mary, showing prior ownership.
Reference:
Ext.B1
Document Type:
Sale deed
Submitted By:
Defendant
Relevance:
Copy of sale deed No. 488/1977 executed in favour of Mary, showing prior ownership.
Reference:
Ext.B2
Document Type:
Land Tax Receipt
Submitted By:
Defendant
Relevance:
Land Tax Receipt issued from Village Office Kanjirappally, relevant to property tax payments.
Reference:
Ext.B3
Document Type:
Land Tax Receipt
Submitted By:
Defendant
Relevance:
Land Tax Receipt issued from Village Office Kanjirappally, relevant to property tax payments.
Reference:
Ext.B4
Document Type:
Land Tax Receipt
Submitted By:
Defendant
Relevance:
Land Tax Receipt issued from Village Office Kanjirappally, relevant to property tax payments.
Reference:
Ext.B5
Document Type:
Land Tax Receipt
Submitted By:
Defendant
Relevance:
Copy of Land Tax Receipt issued from Village Office Kanjirappally, relevant to property tax payments.
Reference:
Ext.B6
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Commission report prepared by Advocate Commissioner, relevant for property evaluation.
Reference:
Ext.C1
Document Type:
Sketch
Submitted By:
Court
Relevance:
Rough Sketch produced along with the Commission report.
Reference:
Ext.C1(a)
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Commission Report prepared by Advocate Commissioner, relevant for property evaluation.
Reference:
Ext.C2
Document Type:
Sketch
Submitted By:
Court
Relevance:
Rough sketch produced along with the commission report.
Reference:
Ext.C2(a)
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Kottayam
State
Kerala
Court Establishment
Munsiff Court Kanjirappally
Common Reasons
Case Code
O.S
Case Code Year
2024