Case Summary
Plaintiffs Susan P Aaliyattukudi and Prof. Raju Abraham filed for mandatory injunction to execute sale deed based on 1984 agreement, while defendants claim agreement is void. Another case involved permanent prohibitory injunction on defendants from dispossessing plaintiffs and trespassing on property.
Judgment Outcome
Judgment Favored
Defendant
Relief Granted
Case Type
Civil Suit
Final Judgment
No
Both cases dismissed. Plaintiff's possession claim of property failed due to invalid sale agreement. Defendants won.
Key Reasoning:
Ext A5 sale agreement declared void by High Court. Plaintiff failed to prove valid possession.
Ext A5 sale agreement declared void by High Court. Plaintiff failed to prove valid possession.
Why Defendant Won:
Not available
Not available
Supporting Evidence
Judgment Evidence:
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Susan P Aaliyattukudi
- Party Age
- 47
- Relation
- W/o Prof. Raju Abraham
- Party Role
- Plaintiff
- Party Name
- Prof. Raju Abraham
- Party Age
- 55
- Relation
- S/o Aalunkal House Abraham
- Party Role
- Defendant
- Party Name
- Mariyakutty
- Party Age
- 61
- Relation
- W/o late C L Mathachan
- Party Role
- Defendant
- Party Name
- Johnson
- Party Age
- 48
- Relation
- S/o late C L Mathachan
- Party Role
- Defendant
- Party Name
- Cibi
- Party Age
- 42
- Relation
- S/o late C L Mathachan
- Party Role
- Defendant
- Party Name
- Elsi
- Party Age
- 38
- Relation
- W/o Shaji
- Party Role
- Defendant
- Party Name
- Jissy
- Party Age
- 20
- Relation
- D/o Shaji
Plaintiffs Documents
Power of Attorney, Patta copy, Sale agreement, Lawyer notice, Kerala Gazatte, Agreements
Defendants Documents
Tax paid receipt, Partition deeds
Advocates
Reliefs
Relief Type:
Permanent Injunction
Outcome:
Not Decided
Description:
Restraining defendants from dispossessing plaintiff and trespassing to property
Evidence:
Null
Relief Type:
Mandatory Injunction
Outcome:
Not Decided
Description:
Direction for execution of sale deed based on sale agreement
Evidence:
Null
Documents & Evidence
Document Type:
Sale Agreement
Submitted By:
Plaintiff
Relevance:
Basis of claim for mandatory injunction for sale deed execution
Reference:
Ext.A5
Document Type:
Power of Attorney
Submitted By:
Plaintiff
Relevance:
Validity of possession and sale agreement
Reference:
Ext.A2
Document Type:
Tax Paid Receipt
Submitted By:
Defendant
Relevance:
Defendant's tax payment proof
Reference:
Ext.B1
Document Type:
Partition Deed
Submitted By:
Defendant
Relevance:
Defendant's partition details
Reference:
Ext.B2, Ext.B3
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Court's investigation reports
Reference:
Ext.C1, Ext.C1(a), Ext.C2, Ext.C2(a)
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Common Reasons
Case Code
Case between Susan P Aaliyattukudi et al vs Mariyakutty et al regarding sale deed execution
Case Code Year
Case between Susan P Aaliyattukudi et al vs Mariyakutty et al regarding sale deed execution