Case Summary
The plaintiffs, Ajayaraj and Kushalakumari @ Leela, are involved in a suit for declaration and permanent injunction regarding ownership of a property. They claim that Suresh, a co-owner, is missing and seek to declare his legal heirs entitled to their share.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Declaration of 3/4th share ownership and permanent injunction against the defendants.
Case Type
Civil Suit
Final Judgment
No
The court decreed the suit in favor of the plaintiffs, recognizing their ownership of the property and the legal rights of the defendants as Suresh's heirs.
Why Plaintiff Won:
The plaintiff's case stands proved and unchallenged by the pleadings and evidences.
The plaintiff's case stands proved and unchallenged by the pleadings and evidences.
Losing Side's Weaknesses:
The plaintiff's case stands proved and unchallenged by the pleadings and evidences.
The plaintiff's case stands proved and unchallenged by the pleadings and evidences.
Supporting Evidence
Hence, the plaintiff is entitled to get the reliefs as prayed for. This point is found in favour of the plaintiff.
Judgment Evidence:
In the result, suit is decreed with costs as follows: i. It is declared that 2nd plaintiff, 1st and 2nd defendants are entitled for the joint ownership of the 1/4th share of the plaint schedule property and they are the only legal heirs of Mr. Suresh S/o. Madhavan.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Ajayaraj
- Party Age
- 31
- Relation
- S/o
- Party Role
- Plaintiff
- Party Name
- Kushalakumari @ Leela
- Party Age
- 57
- Relation
- D/o
- Party Role
- Defendant
- Party Name
- Anil Kumar
- Party Age
- 60
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Sunil Kumar
- Party Age
- 55
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- The District Collector, Kollam
- Party Role
- Defendant
- Party Name
- Village Officer, Kilikolloor Village
Plaintiffs Documents
Certified copy of Sale Deed No. 604/1984, Sale Deed No. 255/1992, Sale Deed No. 686/2013, Legal Notice, Postal Receipts, Acknowledgment Cards.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- T.S.Anuraj
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- V.Vinod
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Declaration
Outcome:
Granted
Description:
Declared legal heirs of Mr. Suresh and their entitlement to the joint ownership of 1/4th share.
Evidence:
It is declared that 2nd plaintiff, 1st and 2nd defendants are entitled for the joint ownership of the 1/4th share of the plaint schedule property and they are the only legal heirs of Mr. Suresh S/o. Madhavan.
Relief Type:
Declaration
Outcome:
Granted
Description:
Declared that plaintiffs have right, title, and ownership over the 3/4th share of the property.
Evidence:
It is further declared that the plaintiffs have right, title and ownership over the 3/4th share of the plaint schedule property.
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
Defendants 1 and 2 are permanently restrained from obstructing plaintiffs' possession.
Evidence:
The defendants 1 and 2 are permanently restrained from committing any waste over the plaint schedule property and from obstructing the peaceful enjoyment and possession of the plaint schedule property by the plaintiffs.
Documents & Evidence
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
Certified copy of Sale Deed No. 604/1984 demonstrates the original ownership of the property.
Reference:
Ext.A1
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
Sale Deed No. 255/1992 indicates transfer of part ownership.
Reference:
Ext.A2
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
Sale Deed No. 686/2013 evidences the plaintiffs' acquisition of a share in the property.
Reference:
Ext.A3
Document Type:
Legal Notice
Submitted By:
Plaintiff
Relevance:
Legal Notice issued to the defendants pertinent to ownership rights.
Reference:
Ext.A5
Document Type:
Postal Receipts
Submitted By:
Plaintiff
Relevance:
Postal receipts related to communications regarding the property.
Reference:
Ext.A6
Document Type:
Acknowledgment card
Submitted By:
Plaintiff
Relevance:
Acknowledgment cards support communication proof.
Reference:
Ext.A7
Document Type:
Oral Evidence
Submitted By:
Plaintiff
Relevance:
Testimony by the plaintiff supports ownership claim.
Reference:
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Kollam
State
Kerala
Court Establishment
Munsiff Court Kollam
Common Reasons
Case Code
Case between Ajayaraj vs Anil Kumar et al regarding Declaration and Injunction
Case Code Year
Case between Ajayaraj vs Anil Kumar et al regarding Declaration and Injunction