Case Summary
The plaintiffs, Tiny Chacko and Antony M.C, are seeking a declaration of civil death for M.A Chacko, who has been missing for over 12 years, and an injunction against the first defendant, Sonny Kurian, to prevent him from trespassing on their inherited properties. The court recognizes the plaintiffs as the legal heirs of M.A Chacko.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Declaration of civil death of Mr. M.A Chacko and injunction against the first defendant from trespassing on the properties.
Case Type
Civil Suit
Final Judgment
No
The suit has been decreed in favor of the plaintiffs, declaring the civil death of Mr. M.A Chacko and recognizing the plaintiffs as legal heirs entitled to inherit his properties.
Why Plaintiff Won:
The court found sufficient evidence of the plaintiffs' entitlement to the assets based on the long period of Mr. Chacko's absence and the legal heirship certificate.
The court found sufficient evidence of the plaintiffs' entitlement to the assets based on the long period of Mr. Chacko's absence and the legal heirship certificate.
Losing Side's Weaknesses:
The court found sufficient evidence of the plaintiffs' entitlement to the assets based on the long period of Mr. Chacko's absence and the legal heirship certificate.
The court found sufficient evidence of the plaintiffs' entitlement to the assets based on the long period of Mr. Chacko's absence and the legal heirship certificate.
Supporting Evidence
According to PW1, her husband M.A.Chacko is not known for the last 12 years. The presumption of civil death arises under Section 108 of the Indian Evidence Act due to the husband being missing.
Judgment Evidence:
In the result, suit is decreed as follows: A) It is hereby declared the civil death of Mr. Chacko, S/o Antony as he is missing from 02.07.2007.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Tiny Chacko
- Party Age
- 55
- Relation
- W/o
- Party Role
- Plaintiff
- Party Name
- Antony M.C
- Party Age
- 19
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Sonny Kurian
- Party Age
- 66
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Anu Chacko
- Party Age
- 29
- Relation
- D/o
Plaintiffs Documents
Legal heirship certificate dated 24.02.2016, Sale deed No.1129/1991, Will No.54/1991.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Abraham.P.George
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Ratheesh M.B
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Johny Thomas
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Declaration
Outcome:
Granted
Description:
Declaration of the civil death of Mr. Chacko as he is missing since 02.07.2007.
Evidence:
It is hereby declared the civil death of Mr. Chacko, S/o Antony Mampilly House, 32/502 G, Rose Garden Colony, LPS road, Pallinada, palarivattom, pin 682025 as he is missing from 02.07.2007.
Relief Type:
Declaration
Outcome:
Granted
Description:
Declaration that plaintiffs and 2nd defendant are the legal heirs of Mr. M.A. Chacko.
Evidence:
It is hereby declared that plaintiffs and 2nd defendant are the legal heirs of Mr. M.A. Chacko, S/o Antony, Mampilly House, 32/502 G, Rose Garden Colony, LPS road, Pallinada, Palarivattom, pin 682025 and they have inherited the title, ownership and possession of the schedule item No.1 to 8 properties in the capacity as legal heirs of Mr. M.A.Chacko.
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
Permanent prohibitory injunction restraining the 1st defendant from trespassing into the plaint schedule properties.
Evidence:
The 1st defendant is hereby restrained by way of permanent prohibitory injunction from trespassing into the plaint schedule properties and commit any act of waste therein.
Documents & Evidence
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
Certified copy of the Sale deed was presented as evidence regarding the property owned by M.A.Chacko and the 1st plaintiff.
Reference:
Ext.A1
Document Type:
Gift Deed
Submitted By:
Plaintiff
Relevance:
Certified copy of the Gift deed No. 2256/2016 was marked to support the claim pertaining to the property.
Reference:
Ext.A2
Document Type:
Will
Submitted By:
Plaintiff
Relevance:
Certified copy of Will No. 55/1991 was proved through the witness and was pertinent to establish ownership of the property.
Reference:
Ext.A3
Document Type:
Report
Submitted By:
Plaintiff
Relevance:
Report from Njarakal Police regarding the missing person case was included to establish the presumption of death.
Reference:
Ext.A7
Document Type:
Legal heirship certificate
Submitted By:
Plaintiff
Relevance:
Legal heirship certificate was presented to prove the legal status of the plaintiffs as the heirs of M.A.Chacko.
Reference:
Ext.A9
Document Type:
Death Certificate
Submitted By:
Plaintiff
Relevance:
Death certificate was marked to conclude the proceedings regarding the presumption of death for M.A.Chacko.
Reference:
Ext.A11
Document Type:
Death Certificate
Submitted By:
Plaintiff
Relevance:
Another death certificate was presented as part of the documentation supporting the claims in the case.
Reference:
Ext.A12
Document Type:
Oral Evidence
Submitted By:
Plaintiff
Relevance:
Oral evidence was provided by the plaintiffs through witnesses PW1, PW2, and PW3 to support their claims.
Reference:
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 Tiny Chacko vs Sonny Kurian regarding declaration and mandatory injunction
Case Code Year
Case between Tiny Chacko vs Sonny Kurian regarding declaration and mandatory injunction