Case Summary
The plaintiffs, Joseph Cliness and Lenita Cliness, seek a declaration of title and recovery of possession of property from the defendant, Karalin. The plaintiffs allege that the defendant was a caretaker permitted to reside on the property but has now unlawfully occupied it and made illegal constructions.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Declaration of title, recovery of possession, and mesne profits at the rate of Rs.1000/- per month from 15/12/2013.
Case Type
Civil Suit
Final Judgment
No
The court has ruled in favor of the plaintiffs, granting them title and possession of the property. The defendant is ordered to vacate the property and is restrained from making any further constructions.
Why Plaintiff Won:
The plaintiffs proved their title and possession over the property with sufficient evidence.
The plaintiffs proved their title and possession over the property with sufficient evidence.
Losing Side's Weaknesses:
The plaintiffs proved their title and possession over the property with sufficient evidence.
The plaintiffs proved their title and possession over the property with sufficient evidence.
Supporting Evidence
The plaintiffs demonstrated their ownership and continuous possession of the property, and the defendant failed to substantiate her claims with evidence.
Judgment Evidence:
In the result, the suit decreed as follows: 1) It is held that plaintiffs have title and possession over plaint A schedule property. 2) The defendant is directed to vacate plaint B schedule property and put the plaintiffs in the vacant possession of the building within 4 months from today.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Joseph Cliness
- Party Age
- 64
- Relation
- S/o
- Party Role
- Plaintiff
- Party Name
- Lenita Cliness
- Party Age
- 60
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Karalin @ Karali Fernandez
- Party Age
- 80
- Party Role
- Defendant
- Party Name
- Benny Pereira
- Party Age
- 82
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Jespin Lawrence
- Party Age
- 80
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Benedicta
- Party Age
- 72
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Mini Benny
- Party Age
- 37
- Relation
- D/o
Plaintiffs Documents
Original Gift Deed No.504/1990, Settlement Deed No.5159/2006, Tax Receipts.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. R.S. Kalkura
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Sri. G.S.Kalkura
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- Sri.Beyline Das.J.
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Declaration
Outcome:
Granted
Description:
Declaration of plaintiffs' right, title and interest over the plaint A schedule property.
Evidence:
It is held that plaintiffs have title and possession over plaint A schedule property.
Relief Type:
Possession
Outcome:
Granted
Description:
Recovery of vacant possession of plaint B schedule property from the defendant.
Evidence:
The defendant is directed to vacate plaint B schedule property and put the plaintiffs in the vacant possession of the building within 4 months from today.
Relief Type:
Recovery
Outcome:
Granted
Description:
Mesne profits at the rate of Rs.1000/- per month from 15/12/2013 till date of recovery.
Evidence:
The plaintiffs are entitled to realise mesne profits at the rate of Rs.1000/- per month 15/12/2013 till handing over the vacant possession of the plaint B schedule property.
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
Restraint on the defendant from creating any documents detrimental to the interest of the plaintiff on the property.
Evidence:
The defendant is restrained from creating any documents, detrimental to the interest of the plaintiff on the property.
Relief Type:
Declaration
Outcome:
Granted
Description:
Gift deed No.1394/1998, Dhananichayam deed No.366/2000 and Sale deed No.2823/2006 are declared null and void.
Evidence:
The Gift deed No.1394/1998, Dhananichayam deed No.366/2000 and Sale deed No.2823/2006 are declared null and void.
Documents & Evidence
Document Type:
Original Patta Deed
Submitted By:
Plaintiff
Relevance:
The document evidences the title of the plaintiffs over the property.
Reference:
Ext.A1
Document Type:
English School Leaving Certificate Book
Submitted By:
Plaintiff
Relevance:
This document supports the identity and lineage of the plaintiffs.
Reference:
Ext.A2
Document Type:
Pension Book
Submitted By:
Plaintiff
Relevance:
This document supports the claim of ownership and connection to the property.
Reference:
Ext.A3
Document Type:
Tax receipt
Submitted By:
Plaintiff
Relevance:
This document shows the tax payments made by the plaintiffs on the property.
Reference:
Ext.A4
Document Type:
Tax receipt
Submitted By:
Plaintiff
Relevance:
This document shows the tax payments made by the plaintiffs on the property.
Reference:
Ext.A4(a)
Document Type:
Tax receipt
Submitted By:
Plaintiff
Relevance:
This document shows the tax payments made by the plaintiffs on the property.
Reference:
Ext.A4(b)
Document Type:
Original Gift Deed
Submitted By:
Plaintiff
Relevance:
This document evidences the transfer of property to the second plaintiff.
Reference:
Ext.A5
Document Type:
Settlement Deed
Submitted By:
Plaintiff
Relevance:
This document evidences a settlement deed executed by the second plaintiff.
Reference:
Ext.A6
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
This document evidences the sale of property to the second plaintiff.
Reference:
Ext.A7
Document Type:
Original Settlement
Submitted By:
Plaintiff
Relevance:
This document evidences a settlement deed executed in favor of plaintiff no. 1.
Reference:
Ext.A8
Document Type:
Tax receipt
Submitted By:
Plaintiff
Relevance:
This document shows the recent tax payments made by the plaintiffs.
Reference:
Ext.A9
Document Type:
Tax receipt
Submitted By:
Plaintiff
Relevance:
This document shows the recent tax payments made by the plaintiffs.
Reference:
Ext.A9(a)
Document Type:
Revenue List Pertaining To Properties
Submitted By:
Plaintiff
Relevance:
This document lists the properties associated with the plaintiffs.
Reference:
Ext.A10
Document Type:
Certified Copy of Gift Deed
Submitted By:
Plaintiff
Relevance:
This document is referenced to challenge the claim of the defendant.
Reference:
Ext.A11
Document Type:
Application Filed By Defendant No.1
Submitted By:
Plaintiff
Relevance:
This document shows the defendant's attempt to claim unauthorized property.
Reference:
Ext.A12
Document Type:
Application Filed By Defendant No.1
Submitted By:
Plaintiff
Relevance:
This document shows the defendant's attempt to claim unauthorized property.
Reference:
Ext.A13
Document Type:
Certificate Issued By Muttathara Village Office
Submitted By:
Plaintiff
Relevance:
This document is related to the defendant's claims to property.
Reference:
Ext.A14
Document Type:
Relevant Extract of The Thandapper Account of Property Comprised In Survey No.2919/B-2-1
Submitted By:
Plaintiff
Relevance:
This document supports the plaintiffs' ownership claims.
Reference:
Ext.A15
Document Type:
Notice Issued By Corporation Of Thiruvananthapuram to Defendant No.1
Submitted By:
Plaintiff
Relevance:
This notice is related to the illegal constructions by the defendant.
Reference:
Ext.A16
Document Type:
Notice Issued By Corporation Thiruvananthapuram
Submitted By:
Plaintiff
Relevance:
This notice is related to the illegal constructions by the defendant.
Reference:
Ext.A17
Document Type:
Notice Issued By Corporation of Thiruvananthapuram
Submitted By:
Plaintiff
Relevance:
This notice is related to the illegal constructions and denial of application.
Reference:
Ext.A18
Document Type:
Certified Copy of Caveat Filed By Defendant No.1
Submitted By:
Plaintiff
Relevance:
This document is referenced to indicate the defendant's response to the case.
Reference:
Ext.A19
Document Type:
Commission Report
Submitted By:
Court
Relevance:
This document assists in understanding the details and extent of the property in question.
Reference:
Ext.C1
Document Type:
Plan
Submitted By:
Court
Relevance:
This plan illustrates the layout and boundaries of the properties involved.
Reference:
Ext.C1(a)
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Thiruvananthapuram
State
Kerala
Court Establishment
Munsiff Court Thiruvananthapuram
Common Reasons
Case Code
Case between Joseph Cliness et al vs Karalin @ Karali Fernandez et al regarding declaration of title and recovery of possession
Case Code Year
Case between Joseph Cliness et al vs Karalin @ Karali Fernandez et al regarding declaration of title and recovery of possession