Case Summary
Thanka alias Thankamma, along with her son Shaji, filed a suit against her elder son Arumughan for a declaration of title over a piece of property and for a mandatory injunction to rectify boundary discrepancies in a partition deed. The case revolves around property inheritance and boundary disputes.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Declaration of title, direction to correct boundary, prohibitory injunction against interference
Case Type
Civil Suit
Final Judgment
No
The court ruled in favor of the second plaintiff, Shaji, declaring him the sole title holder of the property and directing the defendant to rectify the boundaries as per the original partition deed. The court restrained the defendants from interfering with the plaintiffs' possession of the property.
Why Plaintiff Won:
The court found that the evidence presented demonstrated that the plaintiffs were the rightful title holders of the disputed property according to the partition deed.
The court found that the evidence presented demonstrated that the plaintiffs were the rightful title holders of the disputed property according to the partition deed.
Losing Side's Weaknesses:
The court found that the evidence presented demonstrated that the plaintiffs were the rightful title holders of the disputed property according to the partition deed.
The court found that the evidence presented demonstrated that the plaintiffs were the rightful title holders of the disputed property according to the partition deed.
Supporting Evidence
The court concluded that PW1 is entitled to get a declaration that PW1 is the sole title holder of plaint A schedule property as per Ext.A2 Will.
Judgment Evidence:
In the result, suit is decreed as follows: A) The 2nd plaintiff is entitled to get a declaration that he is the sole title holder of 2 cents of land (81 sq.metre) in Sy.No.176/3 of Thekkumbhagam Village and the building situated therein obtained as per partition deed No.1385/2000 of Tripunithura SRO.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Thanka alias Thankamma
- Party Age
- 74
- Relation
- D/o
- Party Role
- Plaintiff
- Party Name
- Shaji
- Party Age
- 42
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Arumughan
- Party Age
- 53
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Sheeba
- Party Age
- 40
- Relation
- D/o
Plaintiffs Documents
Death certificate issued by Tripunithra Municipality, Will Deed No. 242/2019, Certified copy of Sale Deed No. 2964/1980, Certified copy of Partition Deed No. 1385/2000
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- N.Retheesh
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Aravind Ajith
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Shankar Retheesh
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Midhun Raj P.R
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Sharath Senan
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Declaration
Outcome:
Granted
Description:
Declaration that 2nd plaintiff is the sole title holder of 2 cents of land.
Evidence:
The 2nd plaintiff is entitled to get a declaration that he is the sole title holder of 2 cents of land (81 sq.metre) in Sy.No.176/3 of Thekkumbhagam Village.
Relief Type:
Mandatory Injunction
Outcome:
Granted
Description:
Defendant directed to correct the boundaries in the partition deed.
Evidence:
The defendant is hereby directed to correct the northern and southern boundary of item No.A in Partition deed No.1385/2000...
Relief Type:
Mandatory Injunction
Outcome:
Granted
Description:
Defendant directed to execute a rectification deed.
Evidence:
The defendant is hereby directed to execute a rectification deed to correct the mistake kept in Partition deed No.1385/2000...
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
Defendant restrained from interfering with the peaceful possession of the plaintiff.
Evidence:
The defendants and his agents are restrained from interfering with the peaceful possession and enjoyment of the plaintiff in the plaint A schedule property...
Relief Type:
Other
Outcome:
Granted
Description:
Plaintiff entitled to costs of the suit.
Evidence:
The issue No.3 is answered accordingly.
Documents & Evidence
Document Type:
Death Certificate
Submitted By:
Plaintiff
Relevance:
Produced to establish the death of the 1st plaintiff, Thanka.
Reference:
Ext.A1
Document Type:
Will Deed
Submitted By:
Plaintiff
Relevance:
Executed by the mother of PW1, assigning the plaint A schedule in favour of PW1.
Reference:
Ext.A2
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
Provides evidence regarding the title of the property in question.
Reference:
Ext.A3
Document Type:
Partition Deed
Submitted By:
Plaintiff
Relevance:
Shows the partitioning of the property between plaintiffs and defendants.
Reference:
Ext.A4
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Filed by the Advocate Commissioner relating to the boundary issues of the properties.
Reference:
Ext.C1
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 Thanka alias Thankamma vs Arumughan regarding declaration and permanent and mandatory injunction
Case Code Year
Case between Thanka alias Thankamma vs Arumughan regarding declaration and permanent and mandatory injunction