Case Summary
The plaintiff, Sheejamol Binoi, is seeking relief regarding property ownership, claiming her late father's rights. The defendants include government officials and the State of Kerala, who are accused of denying her rightful property registration.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Declaration of title and mandatory injunction to effect property registry transfer.
Case Type
Civil Suit
Final Judgment
No
The suit is decreed in favor of the plaintiff, confirming her title and ownership of the property. The defendants are mandated to rectify the property registry in the plaintiff's name.
Why Plaintiff Won:
The plaintiff presented credible evidence establishing her family's long-term possession and right to the property.
The plaintiff presented credible evidence establishing her family's long-term possession and right to the property.
Losing Side's Weaknesses:
The plaintiff presented credible evidence establishing her family's long-term possession and right to the property.
The plaintiff presented credible evidence establishing her family's long-term possession and right to the property.
Supporting Evidence
The case of the plaintiff stands proved by the evidence on record, including the commissioners report. The evidence of PW1 was taken in the absence of a written statement or cross examination. From the available records, there is nothing to disbelieve the evidence tendered by the PW1.
Judgment Evidence:
In the result, the suit is decreed as follows: (a) It is declared that the plaintiff is the title holder and owner in possession of the Plaint B Schedule Property. (b) The defendants are directed by way of a decree of mandatory injunction to effect transfer of registry of the plaint B schedule property in the name of Plaintiff.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Sheejamol Binoi
- Party Age
- 44
- Relation
- D/o
- Party Role
- Defendant
- Party Name
- The Village Officer, Nadama Village, Kanayanoor Taluk, Ernakulam District
- Party Role
- Defendant
- Party Name
- The District Collector, Ernakulam
- Party Role
- Defendant
- Party Name
- The Tahasildar, Kanayanoor Taluk
- Party Role
- Defendant
- Party Name
- The Revenue Divisional Officer, Fort Kochi
- Party Role
- Defendant
- Party Name
- State of Kerala represented by the Secretary, Revenue Department
Plaintiffs Documents
Certified copy of Sale Deed No. 4086/1993, Certified copy of Sale Deed No. 1199/1996, Certified copy of Sale Deed No. 171/1999, Certified copy of Sale Deed No. 1635/2000, Certified copy of Sale Deed No. 3284/1999
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- T.B Thankappan
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- T.T Harikumar
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Sreeja K.S
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Ashish Vidyadharan
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Archana K.S
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Anusree
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Declaration
Outcome:
Granted
Description:
The plaintiff is declared as the title holder and owner in possession of the Plaint B Schedule Property.
Evidence:
It is declared that the plaintiff is the title holder and owner in possession of the Plaint B Schedule Property.
Relief Type:
Mandatory Injunction
Outcome:
Granted
Description:
Defendants are directed to effect transfer of registry of the plaint B schedule property in the name of Plaintiff.
Evidence:
The defendants are directed by way of a decree of mandatory injunction to effect transfer of registry of the plaint B schedule property in the name of Plaintiff.
Relief Type:
Declaration
Outcome:
Granted
Description:
A declaration that 0.87 Are of property is part of plaintiff's property.
Evidence:
It is declared that 0.87 Are of property specifically described as plaint B Schedule property possessed by the plaintiff and covered by Re-Survey 20 of Nadama Village is the part and parcel of plaintiff's property.
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
The defendants are restrained from doing anything detrimental to the Plaintiff's rights over the Plaint Schedule Properties.
Evidence:
The defendants, their staff and other subordinates are restrained by way of a decree of permanent prohibitory injunction from doing anything detrimental to the Plaintiffs right, title, interest and possession over the Plaint Schedule Properties.
Relief Type:
Other
Outcome:
Granted
Description:
The court awarded costs to the plaintiff.
Evidence:
I am therefore of the opinion that the plaintiff is entitled to a decree in her favour and also to the costs of the suit from the defendants.
Documents & Evidence
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
Certified copy of Sale Deed No. 4086/1993 showing property purchase by plaintiff's father.
Reference:
Ext.A1
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
Certified copy of Sale Deed No. 1199/1996 showing property purchase by plaintiff's father.
Reference:
Ext.A2
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
Certified copy of Sale Deed No. 171/1999 showing property purchase by plaintiff's father.
Reference:
Ext.A3
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
Certified copy of Sale Deed No. 1635/2000 showing property purchase by plaintiff's father.
Reference:
Ext.A4
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
Certified copy of Sale Deed No. 3284/1999 showing property purchase by plaintiff's father.
Reference:
Ext.A5
Document Type:
Certificate of Purchase
Submitted By:
Plaintiff
Relevance:
Copy of Certificate of Purchase No. 440/1998 of the Inam Settlement Officer, Kottayam.
Reference:
Ext.A6
Document Type:
Certificate of Purchase
Submitted By:
Plaintiff
Relevance:
Copy of Certificate of Purchase No. 441/1998 of the Inam Settlement Officer, Kottayam.
Reference:
Ext.A7
Document Type:
Tax receipt
Submitted By:
Plaintiff
Relevance:
Tax receipt issued by Nadama Village.
Reference:
Ext.A8
Document Type:
Possession and Non-Attachment Certificate
Submitted By:
Plaintiff
Relevance:
Possession and non-attachment Certificate issued by Tahsildar, Kanayannur Taluk.
Reference:
Ext.A9
Document Type:
Death Certificate
Submitted By:
Plaintiff
Relevance:
Death Certificate of M.X Mathew.
Reference:
Ext.A10
Document Type:
Will
Submitted By:
Plaintiff
Relevance:
Certified copy of Will No. 222/2005 which bequeathed the properties to plaintiff's mother.
Reference:
Ext.A11
Document Type:
Possession Certificate
Submitted By:
Plaintiff
Relevance:
Possession Certificate issued concerning property.
Reference:
Ext.A12
Document Type:
Death Certificate
Submitted By:
Plaintiff
Relevance:
Death Certificate of plaintiff's mother.
Reference:
Ext.A14
Document Type:
Will
Submitted By:
Plaintiff
Relevance:
Certified copy of Will No. 84/2013 executed by plaintiff's mother in favor of plaintiff.
Reference:
Ext.A15
Document Type:
Report
Submitted By:
Plaintiff
Relevance:
True copy of Report bearing No. 721/2015 issued by Village Officer, Nadama Village.
Reference:
Ext.A16
Document Type:
Order
Submitted By:
Plaintiff
Relevance:
Order bearing No. S7 – 721/15.
Reference:
Ext.A17
Document Type:
Order
Submitted By:
Plaintiff
Relevance:
Order bearing No. F – 2014/16.
Reference:
Ext.A18
Document Type:
Lawyer Notice
Submitted By:
Plaintiff
Relevance:
True copy of Lawyer Notice.
Reference:
Ext.A19
Document Type:
Postal Acknowledgment Card
Submitted By:
Plaintiff
Relevance:
True copy of Postal Acknowledgment Card (3 Nos.).
Reference:
Ext.A20
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Commission Report filed by Adv. Sincey H.
Reference:
Ext.C1
Document Type:
Survey Sketch
Submitted By:
Court
Relevance:
Survey Sketch filed by Surveyor Omankuttan.
Reference:
Ext.C1(a)
Document Type:
Oral Evidence
Submitted By:
Plaintiff
Relevance:
Evidence of PW1 was taken in the absence of a written statement or cross examination.
Reference:
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Common Reasons
Case Code
Case between Sheejamol Binoi vs The Village Officer, Nadama Village et al regarding declaration and injunction.
Case Code Year
Case between Sheejamol Binoi vs The Village Officer, Nadama Village et al regarding declaration and injunction.