Case Summary
The plaintiffs, Sreenivasan and his wife Ajithakumari, are involved in a suit regarding ownership rights over certain properties in Njeezhoor Village. The first defendant, Neelakandan Namboodiri, is accused of encroaching on the plaintiffs' land and the plaintiffs seek a permanent prohibitory injunction against this.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Plaintiffs are entitled for a declaration that settlement deed No.348/2020 and No.416/2020 of SRO, Kaduthuruthi and sale deed No. 1101/2020 are null and void. Defendants are restrained from alienating properties.
Case Type
Civil Suit
Final Judgment
No
The court declared the settlement deeds executed by the first defendant as null and void and granted a permanent injunction preventing the defendants from interfering with the plaintiffs' ownership of the properties.
Why Plaintiff Won:
Plaintiffs proved their ownership and possession rights through valid documents.
Plaintiffs proved their ownership and possession rights through valid documents.
Losing Side's Weaknesses:
Plaintiffs proved their ownership and possession rights through valid documents.
Plaintiffs proved their ownership and possession rights through valid documents.
Supporting Evidence
From the unchallenged evidence, it can be seen that plaintiff was entitled to get a decree of declaration and permanent prohibitory injunction as prayed for.
Judgment Evidence:
In the result, the suit was decreed as follows: Plaintiffs are entitled for a declaration that settlement deed No.348/2020 of SRO, Kaduthuruthi and the settlement deed No.416/2020 of SRO, Kaduthuruthi as null and void.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Sreenivasan
- Party Age
- 57
- Relation
- S/o
- Party Role
- Plaintiff
- Party Name
- Ajithakumari
- Party Age
- 53
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Neelakandan Namboodiri
- Party Age
- 79
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Saji Namboodiri
- Party Age
- 50
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Thankamma Antharjanam
- Party Age
- 78
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Joseph Chandy
- Party Age
- 70
- Relation
- S/o
Plaintiffs Documents
Certified copy of Settlement deed No.2044/2000, Correction deed No.2281/2010, Original tax receipt No.3247279.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- P.S.Renjith
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
Defendants were restrained by a decree of permanent prohibitory injunction from alienating item No.1 and 2 property to anyone.
Evidence:
Defendants and men under them or their agents were restrained by a decree of permanent prohibitory injunction from alienating item No.1 and 2 property to anyone, subject it to any encumbrance, trespassing into it, causing damage to the residential building situated therein, doing any acts of violence or corrupt practices against the plaintiffs right of ownership over the plaint schedule properties.
Relief Type:
Declaration
Outcome:
Granted
Description:
The plaintiffs are entitled for a declaration that settlement deed No.348/2020 and the settlement deed No.416/2020 and sale deed No.1101/2020 as null and void.
Evidence:
The plaintiffs are entitled for a declaration that settlement deed No.348/2020 of SRO, Kaduthuruthi and the settlement deed No.416/2020 of SRO, Kaduthuruthi and sale deed No. 1101/2020 of SRO, Kaduthuruuthi as null and void.
Documents & Evidence
Document Type:
Settlement Deed
Submitted By:
Plaintiff
Relevance:
Certified copy of settlement deed No.2044/2000 of Kaduthuruthy SRO which proves the ownership of the plaintiffs.
Reference:
Ext.A1
Document Type:
Correction Deed
Submitted By:
Plaintiff
Relevance:
Certified copy of correction deed No.2281/2010 which corrects the title deed details.
Reference:
Ext.A2
Document Type:
Tax receipt
Submitted By:
Plaintiff
Relevance:
Original tax receipt No.3247279 issued from Njeezhoor Village office showing that the plaintiff was paying tax on the property.
Reference:
Ext.A3
Document Type:
Settlement Deed
Submitted By:
Plaintiff
Relevance:
Certified copy of settlement deed No.348/2020 of Kaduthuruthy SRO referenced in context of ownership.
Reference:
Ext.A4
Document Type:
Settlement Deed
Submitted By:
Plaintiff
Relevance:
Certified copy of settlement deed No.416/2020 of Kaduthuruthy SRO referenced in context of ownership.
Reference:
Ext.A5
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
Certified copy of sale deed No.1101/2020 of Kaduthuruthy SRO referenced in context of ownership.
Reference:
Ext.A6
Document Type:
Judgment
Submitted By:
Plaintiff
Relevance:
Certified copy of judgment in OS.29/2015 relevant to the case.
Reference:
Ext.A7
Document Type:
Decree
Submitted By:
Plaintiff
Relevance:
Certified copy of decree in OS.29/2015 relevant to the case.
Reference:
Ext.A8
Document Type:
Judgment
Submitted By:
Plaintiff
Relevance:
Certified copy of judgment in OS.198/2018 relevant to the case.
Reference:
Ext.A9
Document Type:
Decree
Submitted By:
Plaintiff
Relevance:
Copy of decree in OS.198/2018 relevant to the case.
Reference:
Ext.A10
Document Type:
Settlement Deed
Submitted By:
Plaintiff
Relevance:
Certified copy of settlement deed No.2045/2000 of Kaduthuruthy SRO which proves the ownership.
Reference:
Ext.A11
Document Type:
Tax receipt
Submitted By:
Plaintiff
Relevance:
Original tax receipt No.3247278 issued from Njeezhoor Village office showing that the plaintiff was paying tax on the property.
Reference:
Ext.A12
Case Classification
Case Type
Civil Suit
Category
Property and Possession Disputes
District
Kottayam
State
Kerala
Court Establishment
Munsiff Court Vaikom
Common Reasons
Fraudulent documents
Case Code
OS
Case Code Year
2023