Case Summary
The plaintiffs, K T Thomas and Sachin K Thomas, sought a declaration to correct the survey number of their property due to discrepancies in the sale deed and settlement deed. The case arose when the second plaintiff was unable to obtain a loan due to these discrepancies.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Case Type
Civil Suit
Final Judgment
No
The court declared that the survey number in the Sale Deed No:2365/1992 was erroneous and corrected it to 213/14. No costs were ordered.
Why Plaintiff Won:
Plaintiffs established their case on the basis of the correct resurvey number.
Plaintiffs established their case on the basis of the correct resurvey number.
Losing Side's Weaknesses:
Not available
Not available
Supporting Evidence
In order to avoid future difficulties and to remove the cloud over the title I am of the view that a declaration as sought for can be allowed on the basis of Ext.A3.
Judgment Evidence:
In the result, Suit is decreed in part as follows: 1.It is hereby declared that the Resurvey Number in the Sale Deed No:2365/1992 of Kottayam SRO as 213/13 is erroneous and the correct Resurvey Number is 213/14 in Block No:24 of Vijayapuram Village. 2.No order as to costs.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- K T Thomas
- Party Age
- 67
- Relation
- S/o
- Party Role
- Plaintiff
- Party Name
- Sachin K Thomas
- Party Age
- 27
- Relation
- S/o
Plaintiffs Documents
Power of Attorney, Sale Deed no. 2365/1992, Certificate no. 2376/2022 issued by Village Officer, Settlement Deed no. 281/2025, Tax Receipt, Death Certificate, Certificate no. 159/2025 issued by Village Officer
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Rajeev P Nair
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Declaration
Outcome:
Granted
Description:
Declaration that the Resurvey Number in the Sale Deed No:2365/1992 as 213/13 is erroneous and correct Resurvey Number is 213/14.
Evidence:
In the result, Suit is decreed in part as follows: It is hereby declared that the Resurvey Number in the Sale Deed No:2365/1992 of Kottayam SRO as 213/13 is erroneous and the correct Resurvey Number is 213/14 in Block No:24 of Vijayapuram Village.
Documents & Evidence
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
The sale deed no. 2365/1992 was mentioned to establish ownership and highlight the mistaken survey number.
Reference:
Ext.A2
Document Type:
Certificate
Submitted By:
Plaintiff
Relevance:
This certificate was issued by the Village Office to confirm the correct survey number of the property.
Reference:
Ext.A3
Document Type:
Settlement Deed
Submitted By:
Plaintiff
Relevance:
The settlement deed no. 281/25 was executed in favor of the second plaintiff, which was affected by the survey number discrepancy.
Reference:
Ext.A4
Document Type:
Oral Evidence
Submitted By:
Plaintiff
Relevance:
Oral testimony of PW1 was presented to support the plaintiffs' claims.
Reference:
Document Type:
Tax receipt
Submitted By:
Plaintiff
Relevance:
Referenced as part of the documents submitted in support of the plaintiffs' case.
Reference:
Ext.A5
Document Type:
Death Certificate
Submitted By:
Plaintiff
Relevance:
Mentioned to establish that the individual who executed the prior deed is no longer alive.
Reference:
Ext.A6
Document Type:
Certificate
Submitted By:
Plaintiff
Relevance:
Another certificate issued by the Village Officer, noted as part of the documentary evidence.
Reference:
Ext.A7
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Kottayam
State
Kerala
Court Establishment
Munsiff Court, Kottayam
Common Reasons
Case Code
Case between K T Thomas et al vs NIL regarding declaration of survey number
Case Code Year
Case between K T Thomas et al vs NIL regarding declaration of survey number