Case Summary
The plaintiff, Sreedharan, is the absolute owner in possession of a property and seeks a declaration and mandatory injunction against the State of Kerala and its officials for mutation of the property. The plaintiff claims he has been in peaceful possession since 1982 and faces attempts of trespass and obstruction from the defendants.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Defendant Nos. 2 and 3 are directed to effect mutation of the plaint schedule property in favour of the plaintiff.
Case Type
Civil Suit
Final Judgment
No
The suit is decreed in part, directing the defendants to effect mutation of the plaint schedule property in favour of the plaintiff and awarding costs to the plaintiff.
Why Plaintiff Won:
The plaintiff succeeded in proving his case by producing adequate evidence.
The plaintiff succeeded in proving his case by producing adequate evidence.
Losing Side's Weaknesses:
The plaintiff succeeded in proving his case by producing adequate evidence.
The plaintiff succeeded in proving his case by producing adequate evidence.
Supporting Evidence
The plaintiff has succeeded in proving his case. Moreover, there is no evidence to rebut the evidence adduced on the side of the plaintiff.
Judgment Evidence:
In the result, this suit is decreed in part as follows:- (i) Defendant Nos. 2 and 3 are directed to effect mutation of the plaint schedule property in favour of the plaintiff.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Sreedharan
- Party Age
- 72
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- State of Kerala represented by District Collector Kollam
- Relation
- Represented by
- Party Role
- Defendant
- Party Name
- Sub Collector, Kollam
- Relation
- Represented by
- Party Role
- Defendant
- Party Name
- Thahasildar,Taluk Office, Kollam
- Relation
- Represented by
- Party Role
- Defendant
- Party Name
- Village Officer,Village Office, Kizhakke Kallada
- Relation
- Represented by
Plaintiffs Documents
Original sale deed No.1801/1982 of Ezhukone SRO
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Panambil S. Jayakumar
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Nil
- Appearance Type
- Case between Sreedharan vs State of Kerala et al regarding declaration and mandatory injunction. > Case advocates
Reliefs
Relief Type:
Mandatory Injunction
Outcome:
Granted
Description:
Defendant Nos. 2 and 3 are directed to effect mutation of the plaint schedule property in favor of the plaintiff.
Evidence:
In the result, this suit is decreed in part as follows: (i) Defendant Nos. 2 and 3 are directed to effect mutation of the plaint schedule property in favour of the plaintiff, as per Sale Deed No. 1801/1982 of Ezhukone SRO.
Documents & Evidence
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
Original sale deed No. 1801/1982 of Ezhukone SRO was used to establish the plaintiff's ownership of the property.
Reference:
Ext.A1
Case Classification
Case Type
Civil Suit
Category
Property and Possession Disputes
District
Kollam
State
Kerala
Court Establishment
Munsiff Court Kollam
Common Reasons
Declaration of ownership
Case Code
Case between Sreedharan vs State of Kerala et al regarding declaration and mandatory injunction.
Case Code Year
Case between Sreedharan vs State of Kerala et al regarding declaration and mandatory injunction.