Case Summary
The plaintiffs, Nobel Kuriakose and K V Kuriakose, claim rights over certain properties based on their legal heritage from the deceased Annamma, while the defendants, primarily Joseph's heirs, argue the settlement deeds grant them absolute ownership. The case revolves around inheritance rights and the validity of previous settlement and partition deeds.
Judgment Outcome
Judgment Favored
Defendant
Relief Granted
Case Type
Civil Suit
Final Judgment
No
The court dismissed the suit, finding that the plaintiffs failed to prove their claims regarding the invalidity of the settlement deeds. The defendants were determined to hold valid rights to the property.
Key Reasoning:
The defendants were able to substantiate their claims through valid settlement and partition deeds.
The defendants were able to substantiate their claims through valid settlement and partition deeds.
Why Defendant Won:
The defendants were able to substantiate their claims through valid settlement and partition deeds.
The defendants were able to substantiate their claims through valid settlement and partition deeds.
Supporting Evidence
The daughters of Mattathil Ouseph have accepted Ext.A4 partition deed and they had not yet challenged the same.
Judgment Evidence:
In the result, the suit is dismissed with costs.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Nobel Kuriakose
- Party Age
- 43
- Relation
- S/o
- Party Role
- Plaintiff
- Party Name
- K V Kuriakose
- Party Age
- 78
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Reji Joseph
- Party Age
- 52
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Rajan Joseph
- Party Age
- 50
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- John Joseph
- Party Age
- 48
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Akkama Joseph
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Elamma
Plaintiffs Documents
Certified Copy of Release Deed No 2009/1976, Certified copy of Will Deed No 588/1978, Certified copy of cancellation Deed No 902/1986, Certified copy of Settlement Deed No 2953/1989, Certified copy of Settlement Deed No 2090/1964
Defendants Documents
Settlement Deed No 2953 of SRO, Puthencruz, Certified copy of Partition Deed No 349/04 of SRO, Puthencruz, Tax Receipt issued by Thiruvaniyoor Village
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Chirakkara B S Suresh
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- M/s. T C Baby & A A Rasheeda
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Declaration
Outcome:
Refused
Description:
Plaintiffs sought declaration that the Settlement Deeds are not binding on their rights.
Evidence:
Hence, the present plaintiffs have absolutely no right or even the locus standi to challenge the partition Deed of the year 1964.
Relief Type:
Partition
Outcome:
Refused
Description:
Plaintiffs sought partition of the plaint scheduled properties.
Evidence:
There is no question of any property available for partition.
Documents & Evidence
Document Type:
Release deed
Submitted By:
Plaintiff
Relevance:
Executed by late Annamma who is the mother of the first plaintiff.
Reference:
Ext.A1
Document Type:
Will Deed
Submitted By:
Plaintiff
Relevance:
Executed by late Iype.
Reference:
Ext.A2
Document Type:
Cancellation Deed
Submitted By:
Plaintiff
Relevance:
Executed by late Annamma cancelling the Release Deed.
Reference:
Ext.A3
Document Type:
Settlement Deed
Submitted By:
Plaintiff
Relevance:
Executed by Iype in favour of his son Joseph.
Reference:
Ext.A4
Document Type:
Settlement Deed
Submitted By:
Plaintiff
Relevance:
Executed by the wife and two sons of late Ousep after his death.
Reference:
Ext.A5
Document Type:
Settlement Deed
Submitted By:
Defendant
Relevance:
Executed by Iype in favour of his son Joseph; originally Ext.A4.
Reference:
Ext.B1
Document Type:
Partition Deed
Submitted By:
Defendant
Relevance:
Executed by the legal heirs of Joseph.
Reference:
Ext.B2
Document Type:
Tax receipt
Submitted By:
Defendant
Relevance:
Tax receipts for the payment of tax by the contesting defendants.
Reference:
Ext.B3 to Ext.B6
Document Type:
Oral Evidence
Submitted By:
Unknown
Relevance:
No oral evidence adduced by the parties.
Reference:
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Kolenchery
Common Reasons
Case Code
Case between Nobel Kuriakose et al vs Reji Joseph et al regarding declaration and partition of property
Case Code Year
Case between Nobel Kuriakose et al vs Reji Joseph et al regarding declaration and partition of property