Case Summary
The plaintiffs, who are brothers, are seeking a declaration that the defendants have no rights over the property they claim. The case involves a dispute over property inheritance and claims made by the defendants as legal heirs of Varghese @ Baby.
Judgment Outcome
Judgment Favored
Defendant
Relief Granted
Case Type
Civil Suit
Final Judgment
No
Key Reasoning:
The plaintiffs failed to prove their case by a preponderance of probabilities.
The plaintiffs failed to prove their case by a preponderance of probabilities.
Judgment Evidence:
In the result, the suit is dismissed. No order as to costs.
Parties Involved
Plaintiffs
Xavier T.E (57 years)
Thirunilath House, Elamkulam Village, Chilavnnoor Desom, Kadavanthra, PIN – 682 020.
Job T.E (45 years)
Thirunilath House, Elamkulam Village, Chilavannoor Desom, Kadavanthra, PIN – 682 020.
Telesper T.E (60 years)
Thirunilath House, Elamkulam Village, Chilavannoor Desom, Kadavanthra, PIN – 682 020.
Defendants
Rosy Varghese (52 years)
Asan Parambil, Thykoodam, PIN – 682 019.
Diana Varghese (21 years)
Asan Parambil, Thykoodam, PIN – 682 019.
Reliefs
Relief Type:
Declaration
Outcome:
Refused
Description:
Declaration that the defendants have no right or claim over the plaint schedule property.
Evidence:
the plaintiffs have failed to establish the case even by preponderance of probabilities.
Relief Type:
Permanent Injunction
Outcome:
Refused
Description:
Decree of permanent prohibitory injunction against the defendants claiming rights over the property.
Evidence:
An injunction of such nature cannot be granted in view of the provisions of Section 41 of the Specific Relief Act.
Documents & Evidence
Document Type:
Certified Copy
Submitted By:
Plaintiff
Relevance:
Document relevant to ownership of the property in question.
Reference:
Ext.A1
Document Type:
Certified Copy
Submitted By:
Plaintiff
Relevance:
Document indicating the release of rights by legal heirs of Ouseph Easy.
Reference:
Ext.A2
Document Type:
Certified Copy
Submitted By:
Plaintiff
Relevance:
Document concerning the relinquishment of rights by the daughters of Ouseph Easy.
Reference:
Ext.A3
Document Type:
Certified Copy
Submitted By:
Plaintiff
Relevance:
Document relating to the relinquishment of rights in favor of the 1st plaintiff.
Reference:
Ext.A4
Document Type:
True colour photocopy
Submitted By:
Plaintiff
Relevance:
Document concerning the sale of property by the defendants.
Reference:
Ext.A5