Case Summary
The plaintiffs, legal heirs of the late K. Soman, seek a declaration of title and recovery of possession of a property. The defendants allegedly took forcible possession of the property after the death of K. Soman, ignoring the rights of the plaintiffs.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Declaration of title, recovery of possession, injunction against alienation.
Case Type
Civil Suit
Final Judgment
No
The court declared the plaintiffs' title and possession over the plaint schedule property. The defendants were ordered to surrender possession of the property to the plaintiffs.
Why Plaintiff Won:
The plaintiffs were established as the legal heirs and rightful owners of the plaint schedule property.
The plaintiffs were established as the legal heirs and rightful owners of the plaint schedule property.
Losing Side's Weaknesses:
The plaintiffs were established as the legal heirs and rightful owners of the plaint schedule property.
The plaintiffs were established as the legal heirs and rightful owners of the plaint schedule property.
Supporting Evidence
According to PW1, the defendants have no right over the plaint schedule property. Plaintiffs are the legal heirs of the said Soman and are the owners of the plaint schedule property.
Judgment Evidence:
In the result, The suit is decreed as follows: 1) The plaintiffs’ title and possession over the plaint schedule property is hereby declared. 2) The defendants shall surrender the possession of plaint schedule property to plaintiff within 2 months from the date of decree.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Chandrika
- Party Age
- 58
- Relation
- W/o Late K. Soman
- Party Role
- Plaintiff
- Party Name
- Shibu.S
- Party Age
- 44
- Relation
- S/o Late K.Soman
- Party Role
- Plaintiff
- Party Name
- Sanal kumar
- Party Age
- 42
- Relation
- S/o Late K.Soman
- Party Role
- Defendant
- Party Name
- Sindhu.S
- Party Age
- 48
- Party Role
- Defendant
- Party Name
- Soumya
- Party Age
- 26
- Relation
- D/o Sindhu
Plaintiffs Documents
Certified copy of partition deed No.615/92, Original death certificate of Soman, Tax receipt, Extract of admission register, Duplicate copy of SSLC book.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. K.P. Jayaraj
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Declaration
Outcome:
Granted
Description:
Declaration of the plaintiffs' title and possession over the plaint schedule property.
Evidence:
The plaintiffs’ title and possession over the plaint schedule property is hereby declared.
Relief Type:
Recovery
Outcome:
Granted
Description:
Order for the defendants to surrender possession of the plaint schedule property to the plaintiffs.
Evidence:
The defendants shall surrender the possession of plaint schedule property to plaintiff within 2 months from the date of decree.
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
Prevention of defendants from alienating, constructing on or inducting strangers into the plaint schedule property.
Evidence:
The defendants are restrained from alienating the schedule property, from making any construction over the property and from inducting strangers therein.
Relief Type:
Other
Outcome:
Granted
Description:
Entitlement of the plaintiffs to realize the costs of the suit from the defendants.
Evidence:
The plaintiffs are entitled to realise the cost of the suit from the defendant.
Documents & Evidence
Document Type:
Partition Deed
Submitted By:
Plaintiff
Relevance:
Certified copy of the partition deed showing the plaintiffs' rights to the property.
Reference:
Ext.A1
Document Type:
Death Certificate
Submitted By:
Plaintiff
Relevance:
Original death certificate of Soman establishing the plaintiffs' relationship to the deceased.
Reference:
Ext.A2
Document Type:
Tax receipt
Submitted By:
Plaintiff
Relevance:
Tax receipt indicating the property is under the plaintiffs' name.
Reference:
Ext.A3
Document Type:
Admission Register
Submitted By:
Plaintiff
Relevance:
Extract of the admission register relevant to the 3rd plaintiff.
Reference:
Ext.A4
Document Type:
SSLC Book
Submitted By:
Plaintiff
Relevance:
Duplicate secondary school leaving certificate of the 3rd plaintiff.
Reference:
Ext.A5
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Commission report ascertaining the nature of the plaint schedule property.
Reference:
Ext.C1
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Another commission report providing further details on the plaint schedule property.
Reference:
Ext.C2
Case Classification
Case Type
Civil Suit
Category
Property and Possession Disputes
District
Thiruvananthapuram
State
Kerala
Court Establishment
Munsiff Court Thiruvananthapuram
Common Reasons
Case Code
Case between Chandrika et al vs Sindhu.S et al regarding declaration of title and recovery of possession
Case Code Year
Case between Chandrika et al vs Sindhu.S et al regarding declaration of title and recovery of possession