Case Summary
C.T. John @ John Chengazhath Thomas is the plaintiff seeking rectification of a sale deed due to a mutual mistake in the survey numbers. The defendants include P. Sreedevi Nair, who is deceased, and her legal representatives, who have not opposed the plaintiff's request.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Rectification of survey numbers in the sale deed
Case Type
Civil Suit
Final Judgment
No
The court decreed the suit for rectification of the sale deed's survey numbers as sought by the plaintiff.
Why Plaintiff Won:
Plaintiffs' unchallenged evidence proves their case and they are entitled to the rectification of the instrument.
Plaintiffs' unchallenged evidence proves their case and they are entitled to the rectification of the instrument.
Losing Side's Weaknesses:
Plaintiffs' unchallenged evidence proves their case and they are entitled to the rectification of the instrument.
Plaintiffs' unchallenged evidence proves their case and they are entitled to the rectification of the instrument.
Supporting Evidence
Plaintiffs' unchallenged evidence proves their case and they are entitled to the rectification of instrument as sought for.
Judgment Evidence:
In the result, the suit is decreed as per the following terms: 1. The survey numbers of plaint A schedule property as mentioned as survey Nos. 3671/2 and 3671/11 instead of survey Nos. 3670/2 and 3670/11 noted in Ext.A2 sale deed No. 1169/2003 dated 04.04.2003 of SRO Pattom is hereby rectified.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- C.T. John @ John Chengazhath Thomas
- Party Age
- 74
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- P. Sreedevi Nair
- Party Age
- 80
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Syam Krishnan Nair
- Party Age
- 58
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Suchithra Dinesh
- Party Age
- 57
- Relation
- D/o
Plaintiffs Documents
Certified copies of Sale deed No.2237/1971, Sale deed No.1169/2003, Encumbrance Certificate dated 23.12.2024.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. Edison Thomas
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Sri. Manumohan.A
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- Sri. Sreekuttan.R.C.
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Other
Outcome:
Granted
Description:
Rectification of survey numbers in the instrument No.1169/2003 dated 04.04.2003.
Evidence:
In the result, the suit is decreed as per the following terms: The survey numbers of plaint A schedule property as mentioned as survey Nos. 3671/2 and 3671/11 instead of survey Nos. 3670/2 and 3670/11 noted in Ext.A2 sale deed No. 1169/2003 dated 04.04.2003 of SRO Pattom is hereby rectified.
Documents & Evidence
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
Certified copy of sale deed No.2237/1971 dated 19.07.1971 showing original ownership of the plaint A schedule property.
Reference:
Ext.A1
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
Certified copy of sale deed No.1169/2003 dated 04.04.2003 executed in favour of the plaintiff regarding the plaint A schedule property.
Reference:
Ext.A2
Document Type:
Encumbrance certificate
Submitted By:
Plaintiff
Relevance:
Copy of Encumbrance certificate dated 23.12.2024 providing details related to the plaint property.
Reference:
Ext.A3
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Thiruvananthapuram
State
Kerala
Court Establishment
Munsiff Court Thiruvananthapuram
Common Reasons
Case Code
Case between C.T. John @ John Chengazhath Thomas vs P. Sreedevi Nair et al regarding rectification of instrument
Case Code Year
Case between C.T. John @ John Chengazhath Thomas vs P. Sreedevi Nair et al regarding rectification of instrument