Case Summary
The case involves a dispute over a property originally owned by the father of the plaintiff Antony and the defendants. The plaintiff seeks partition and injunction against the defendants attempting to evict him from the property.
Judgment Outcome
Judgment Favored
Defendant
Relief Granted
Case Type
Civil Suit
Final Judgment
No
The suit and counterclaim have been dismissed. The court found no grounds to grant the reliefs sought by the plaintiff and defendants.
Key Reasoning:
The evidence and pleadings indicated no entitlement to the claims made by the plaintiff.
The evidence and pleadings indicated no entitlement to the claims made by the plaintiff.
Why Defendant Won:
The evidence and pleadings indicated no entitlement to the claims made by the plaintiff.
The evidence and pleadings indicated no entitlement to the claims made by the plaintiff.
Supporting Evidence
The plaintiff and defendants 2 to 5 have not established their rights to the property, leading to the dismissal of the suit.
Judgment Evidence:
In the result: (a) The suit is dismissed. (b) The counter claim filed by the 2nd defendant is dismissed. (c) The counter claim filed by the defendants 3 to 5 are also dismissed.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Antony
- Party Age
- 53
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Stansilas
- Party Age
- 55
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Paul Racious
- Party Age
- 53
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Annakutty Gilbert
- Party Age
- 48
- Relation
- D/o
- Party Role
- Defendant
- Party Name
- Geethu Gilbert
- Party Age
- 24
- Relation
- D/o
- Party Role
- Defendant
- Party Name
- Gilbert
- Party Age
- 50
- Relation
- H/o
Plaintiffs Documents
Certified Copy of Sale deed No.1430/1974, Certified Copy of Settlement deed No.2914/1997, Original premium receipt issued by Star Health and Allied Insurance Company, Original receipts issued by Santha Paints House, Certificate issued by Dr.Anas M.B.B.S, Taluk Hospital, Kadakkal, Death Certificate of Sri. Kolanthaswamy, Ration card bearing No. 1101087955, Copy of the complaint to the City Police Commissioner, Copies of the complaints to the Circle Inspector of Police, Poonthura Police Station.
Defendants Documents
Original of Settlement deed No.2914/1997, Land tax receipts, Property tax receipts, Possession certificate, Ownership Certificate, Original rent agreements, Original Passport, Approved building plan.
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri.S.Vikraman
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sri.G.S. Sanal Kumar
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sri.M.S. Raj Girish
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sri.Punchakkary G. Raveendran Nair
- Appearance Type
- Main Counsel
- Party Role
- Counter Claim Defendant
- Advocate Name
- Sri. S. Vikraman
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Injunction
Outcome:
Refused
Description:
Request for permanent prohibitory injunction against the defendants.
Evidence:
The reliefs sought in the plaint are not allowable.
Relief Type:
Declaration
Outcome:
Refused
Description:
Claim for declaration of title to the property.
Evidence:
The counter claim filed by the defendants 3 to 5 are also dismissed.
Relief Type:
Possession
Outcome:
Refused
Description:
Seek possession of the plaint schedule property.
Evidence:
The counter claim filed by the defendants 3 to 5 are also dismissed.
Documents & Evidence
Document Type:
Certified copy of Sale Deed
Submitted By:
Plaintiff
Relevance:
Used to demonstrate ownership of the plaint schedule property by the plaintiff's father.
Reference:
Ext.A1
Document Type:
Certified Copy of Settlement Deed
Submitted By:
Plaintiff
Relevance:
Allegedly a fabricated document related to the claims of defendants 3 and 4.
Reference:
Ext.A2
Document Type:
Original premium receipt
Submitted By:
Plaintiff
Relevance:
Produced as evidence by the plaintiff.
Reference:
Ext.A3
Document Type:
Original receipts
Submitted By:
Plaintiff
Relevance:
Used for reference in supporting the plaintiff's claims.
Reference:
Ext.A4 series
Document Type:
Certificate issued by Dr. Anas
Submitted By:
Plaintiff
Relevance:
Provided as part of the plaintiff's evidence.
Reference:
Ext.A5
Document Type:
Death Certificate
Submitted By:
Plaintiff
Relevance:
Used to establish the death of the plaintiff's father.
Reference:
Ext.A6
Document Type:
Ration Card
Submitted By:
Plaintiff
Relevance:
Presented by the plaintiff.
Reference:
Ext.A7
Document Type:
Copy of the complaint to the City Police Commissioner
Submitted By:
Plaintiff
Relevance:
Evidenced attempts to secure protection against eviction.
Reference:
Ext.A8 series
Document Type:
Copies of complaints to the Circle Inspector of Police
Submitted By:
Plaintiff
Relevance:
Supported the plaintiff's claims regarding unlawful eviction attempts.
Reference:
Ext.A9 series
Document Type:
Copies of complaints to the Circle Inspector of Police
Submitted By:
Plaintiff
Relevance:
Demonstrated continued issues surrounding eviction.
Reference:
Ext.A10 series
Document Type:
Original of Settlement Deed
Submitted By:
Defendant
Relevance:
Claimed by defendants as evidence of their ownership.
Reference:
Ext.B1
Document Type:
Land Tax Receipt
Submitted By:
Defendant
Relevance:
Used to confirm tax payments related to the property.
Reference:
Ext.B2(a)
Document Type:
Land Tax Receipt
Submitted By:
Defendant
Relevance:
Further documentation of property tax records.
Reference:
Ext.B2(b)
Document Type:
Property Tax Receipt
Submitted By:
Defendant
Relevance:
Provided as evidence of ownership and tax compliance.
Reference:
Ext.B3
Document Type:
Property Tax Receipt
Submitted By:
Defendant
Relevance:
Further documentation of property tax records.
Reference:
Ext.B3(a)
Document Type:
Property Tax Receipt
Submitted By:
Defendant
Relevance:
Further documentation of property tax records.
Reference:
Ext.B3(b)
Document Type:
Property Tax Receipt
Submitted By:
Defendant
Relevance:
Further documentation of property tax records.
Reference:
Ext.B3(c)
Document Type:
Possession Certificate
Submitted By:
Defendant
Relevance:
Claimed as evidence of the defendants' control over the property.
Reference:
Ext.B4
Document Type:
Electricity Bill
Submitted By:
Defendant
Relevance:
Demonstrated ongoing utility payments by the defendants.
Reference:
Ext.B5 series
Document Type:
Water Bill
Submitted By:
Defendant
Relevance:
Demonstrated ongoing utility payments by the defendants.
Reference:
Ext.B6 series
Document Type:
Ownership Certificate
Submitted By:
Defendant
Relevance:
Used to verify ownership claims by the defendants.
Reference:
Ext.B7
Document Type:
Original rent agreement
Submitted By:
Defendant
Relevance:
Provided evidence of rental agreements related to the property.
Reference:
Ext.B8
Document Type:
Original rent agreement
Submitted By:
Defendant
Relevance:
Provided evidence of rental agreements related to the property.
Reference:
Ext.B9
Document Type:
Original rent agreement
Submitted By:
Defendant
Relevance:
Provided evidence of rental agreements related to the property.
Reference:
Ext.B10
Document Type:
Original Passport
Submitted By:
Defendant
Relevance:
Identified as a valid form of identification.
Reference:
Ext.B11
Document Type:
Approved building plan
Submitted By:
Defendant
Relevance:
Supported claims regarding the construction of the building.
Reference:
Ext.B12
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Thiruvananthapuram
State
Kerala
Court Establishment
Munsiff Court Thiruvananthapuram
Common Reasons
Case Code
OS.NO.
Case Code Year
2017