Case Summary
The plaintiff, Sri. Joseph Edward, is seeking a declaration of title and possession over property previously owned by his late father, claiming that the defendants have no rights over it. The defendants, Shamon P.Y and Ani Kunjappan, argue that the plaintiff has no legal title to the property.
Judgment Outcome
Judgment Favored
Defendant
Relief Granted
Case Type
Civil Suit
Final Judgment
No
Key Reasoning:
The plaintiff did not establish the identity of the plaint schedule property with that described in the relevant Sale deed.
The plaintiff did not establish the identity of the plaint schedule property with that described in the relevant Sale deed.
Judgment Evidence:
In the result, the suit is dismissed. Parties are directed to suffer their respective costs.
Parties Involved
Plaintiffs
Sri. Joseph Edward (64 years)
Kalarickal (H), Kuttamangalam P.O, Kuttamangalam Village, Kothamangalam Taluk, Ernakulam District, PIN – 688 501
Defendants
Shamon P.Y (44 years)
Pullamangalath (H), Nellikkuzhi P.O, Iramalloor Village, Kothamangalam Taluk, Ernakulam District, PIN- 686 691
Ani Kunjappan (45 years)
Oravalikkudiyil (H), Nellikkuzhi P.O, Iramalloor Village, Kothamangalam Taluk, Ernakulam District, PIN – 686 691
Reliefs
Relief Type:
Declaration
Outcome:
Refused
Description:
The plaintiff sought a declaration of title over the plaint schedule property.
Evidence:
I am of the opinion that these issues are to be found against the plaintiff.
Relief Type:
Injunction
Outcome:
Refused
Description:
The plaintiff sought a permanent prohibitory injunction against the defendants' interference.
Evidence:
I am of the opinion that these issues are to be found against the plaintiff.
Documents & Evidence
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
Certified copy of Sale Deed No. 3791/1980, establishing property ownership.
Reference:
Ext.A1
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
Certified copy of Sale Deed No. 5489/1980, relevant for establishing the plaintiff's claim.
Reference:
Ext.A2
Document Type:
Court Order
Submitted By:
Plaintiff
Relevance:
Certified copy of Order in E.A No. 809/2006 and E.A No. 810/2006, confirming the plaintiff's rights.
Reference:
Ext.A3
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
Certified copy of Sale Deed No. 6129/2007, indicating transfer of property rights.
Reference:
Ext.A4
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
Certified copy of Sale Deed No. 672/2010, showing subsequent property transactions.
Reference:
Ext.A5
Document Type:
Encumbrance certificate
Submitted By:
Plaintiff
Relevance:
Encumbrance Certificate from 01.01.2006 to 16.06.2020, pertinent for property establishment.
Reference:
Ext.A6