Case Summary
The plaintiff, Sri.T.K.Sajindra Kumar, is seeking a declaration of exclusive ownership over a property based on a will executed by his deceased mother. The defendants, who are his brother and the children of his deceased sister, are contesting this claim.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The plaintiff is declared the exclusive owner of the plaint schedule property and the defendants are restrained from trespassing.
Case Type
Civil Suit
Final Judgment
No
The court decreed that the plaintiff is the exclusive owner of the property as per the will executed by his mother and restrained the defendants from trespassing.
Why Plaintiff Won:
The execution of the will was proved with adequate evidence.
The execution of the will was proved with adequate evidence.
Losing Side's Weaknesses:
The execution of the will was proved with adequate evidence.
The execution of the will was proved with adequate evidence.
Supporting Evidence
The exhibit A3 WILL was marked subject to proof. The witnesses have duly deposed regarding the execution of the WILL. Hence, the plaintiff has proved the execution of the exhibit A3 WILL.
Judgment Evidence:
In the result, suit is decreed is as follows: 1.It is hereby declared that the plaintiff is the exclusive owner of the plaint schedule property as per the WILL dated 10.06.2020 executed by Late Sathi Devi. 2.The defendants are hereby restrained from trespassing into the plaint schedule property.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Sri.T.K.Sajindra Kumar
- Party Age
- 51
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Sri.T.K.Manoj Kumar
- Party Age
- 53
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Sri.Murali.T.K
- Party Age
- 34
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Smt.T.K.Jyothi
- Party Age
- 30
- Relation
- D/o
Plaintiffs Documents
Jenm Assignment deed No.651/2011, Land Tax Receipt issued by Village officer, Copy of will executed by Sathi Devi, Digital Copy of Death Certificate of Sathi Devi, Copy of Possession certificate issued by Village officer.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri.N.Manoj
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sri.Premanathan.K
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Declaration
Outcome:
Granted
Description:
Plaintiff seeks declaration of exclusive ownership over the plaint schedule property.
Evidence:
It is hereby declared that the plaintiff is the exclusive owner of the plaint schedule property as per the WILL dated 10.06.2020 executed by Late Sathi Devi.
Relief Type:
Injunction
Outcome:
Granted
Description:
Plaintiff seeks an injunction to prevent defendants from trespassing on the property.
Evidence:
The defendants are hereby restrained from trespassing into the plaint schedule property.
Documents & Evidence
Document Type:
Jenm Assignment Deed
Submitted By:
Plaintiff
Relevance:
Establishes the joint ownership of the plaintiff and his mother over the plaint schedule property.
Reference:
Ext.A1
Document Type:
Basic Land Tax Receipt
Submitted By:
Plaintiff
Relevance:
Proves that the plaintiff had been paying taxes associated with the property.
Reference:
Ext.A2
Document Type:
Will
Submitted By:
Plaintiff
Relevance:
The core document establishing the plaintiff's claim of ownership through bequest.
Reference:
Ext.A3
Document Type:
Death Certificate
Submitted By:
Plaintiff
Relevance:
Confirms the death of Sathi Devi, activating the WILL.
Reference:
Ext.A4
Document Type:
Possession Certificate
Submitted By:
Plaintiff
Relevance:
Provides evidence of the plaintiff's possession of the property.
Reference:
Ext.A5
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Kozhikode
State
Kerala
Court Establishment
Munsiff Court 2 Kozhikode
Common Reasons
Case Code
Case between Sri.T.K.Sajindra Kumar vs Sri.T.K.Manoj Kumar et al regarding declaration and injunction
Case Code Year
Case between Sri.T.K.Sajindra Kumar vs Sri.T.K.Manoj Kumar et al regarding declaration and injunction