Case Summary
The plaintiffs Vasumathy Sitaram and Chandramouli filed a suit against M.N Sivakumar and others regarding property ownership disputes and fraudulent documents. They seek declarations and injunctions regarding the property and its management.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
A decree declaring the ownership and possession of the plaintiffs and defendants No. 4 to 17 in the plaint schedule property and a decree of permanent prohibitory injunction against the defendants No. 1 to 3.
Case Type
Civil Suit
Final Judgment
No
Why Plaintiff Won:
The plaintiffs provided uncontroverted evidence proving their ownership and possession of the property, along with demonstrating the fraudulent nature of the defendants' sale deed.
The plaintiffs provided uncontroverted evidence proving their ownership and possession of the property, along with demonstrating the fraudulent nature of the defendants' sale deed.
Judgment Evidence:
In the result, suit is decreed as follows. A decree is hereby passed declaring the ownership and possession of the plaintiffs and defendants No. 4 to 17 in the plaint schedule property. A decree of permanent prohibitory injunction is passed restraining the defendants No. 1 to 3, their men and agents from entering into the plaint schedule property or from committing any waste therein.
Parties Involved
Plaintiffs
VASUMATHY SITARAM (63 years)
8/1457, Thulasi Gardens, TD East Road, Near Vittobha Temple, Mattancherry, Kochi, Ernakulam, Pin682 002.
CHANDRAMOULI (Age not specified years)
8/1457, Tulsi Gardens, TD East Road, Near Vittobha Temple, Ernakulam, Pin682 002.
Defendants
M.N Sivakumar (35 years)
Ramamoorthy Nagar, Nandini street, Bangaloor, Karnataka State, Pin560 016.
Nissar (Age not specified years)
CC 111/652, Eeraveli Desam, Mattanchery Village, Kochi Taluk, Mattanchery P.O, Ernakulam District, Pin682 002.
Abdul Saboor (32 years)
CC 6/1344, Eeraveli Desam, Mattanchery Village, Bassar Road, Kochi Taluk, Mattanchery PO, Ernakulam District, Pin682 002.
GOMATHY (65 years)
6/1822, Kochi Corporation, Kanayannoor Taluk, Ernakulam District.
JAYASHRI (40 years)
14th ST Street, Thenkasi Taluk, Thirunelveli District.
Reliefs
Relief Type:
Declaration
Outcome:
Granted
Description:
A decree is hereby passed declaring the ownership and possession of the plaintiffs and defendants No. 4 to 17 in the plaint schedule property.
Evidence:
In the result, suit is decreed as follows. A decree is hereby passed declaring the ownership and possession of the plaintiffs and defendants No. 4 to 17 in the plaint schedule property.
Relief Type:
Declaration
Outcome:
Granted
Description:
A decree is passed declaring the sale deed No. 2343/2011 of SRO Thrippunithura as null and void.
Evidence:
A decree is passed declaring the sale deed No. 2343/2011 of SRO Thrippunithura as null and void.
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
A decree of permanent prohibitory injunction is passed restraining the defendants No. 1 to 3 from entering into the plaint schedule property.
Evidence:
A decree of permanent prohibitory injunction is passed restraining the defendants No. 1 to 3, their men and agents from entering into the plaint schedule property or from committing any waste therein.
Relief Type:
Other
Outcome:
Granted
Description:
The plaintiffs are entitled to realize costs of the suit from defendants and from their assets.
Evidence:
The plaintiffs are entitled to realize costs of the suit from defendants and from their assets.
Documents & Evidence
Document Type:
Partition Deed
Submitted By:
Plaintiff
Relevance:
Certified copy of partition deed No. 1960/1971 of SRO Kochi in favour of the husband of the 1st plaintiff.
Reference:
Ext.A1
Document Type:
Death Certificate
Submitted By:
Plaintiff
Relevance:
Death certificate of the husband of the 1st plaintiff.
Reference:
Ext.A2
Document Type:
Relationship Certificate
Submitted By:
Plaintiff
Relevance:
Digitally signed copy of relationship certificate of defendant No. 17 with Chandra Moulisharan Ayyar, who executed Ext.A1.
Reference:
Ext.A3
Document Type:
Encumbrance certificate
Submitted By:
Plaintiff
Relevance:
Encumbrance certificate with respect to plaint schedule property from 01.01.1984 to 09.10.2015.
Reference:
Ext.A4
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
Certified copy of Sale Deed No. 2343/2011 alleged to be executed by 1st defendant in favour of 2nd and 3rd defendant.
Reference:
Ext.A5
Document Type:
Thandaper Extract
Submitted By:
Plaintiff
Relevance:
Attested verified copy of Thandaper Extract.
Reference:
Ext.A6
Document Type:
Building Tax Receipt
Submitted By:
Plaintiff
Relevance:
Attested verified copy of building tax receipt produced by PW2, the Village Officer.
Reference:
Ext.A7
Document Type:
Oral Evidence
Submitted By:
Unknown
Relevance:
The unrebutted oral testimony of PW1 and PW2 established their case as pleaded by them.
Reference: