Case Summary
David is the plaintiff who is seeking a mandatory injunction against Baby and Kunjamma, the legal heirs of his deceased brother Scaria. The plaintiff alleges that there was a mistake in the land deed regarding the property he owns and seeks to correct it through court.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Defendants directed to execute a correction deed in favour of the plaintiff
Case Type
Civil Suit
Final Judgment
No
The court decreed the suit in favor of the plaintiff, ordering the defendants to execute a correction deed to rectify the resurvey number of the property in question.
Why Plaintiff Won:
The evidence presented showed that the defendants were liable to correct the mistake in the property deed.
The evidence presented showed that the defendants were liable to correct the mistake in the property deed.
Losing Side's Weaknesses:
The evidence presented showed that the defendants were liable to correct the mistake in the property deed.
The evidence presented showed that the defendants were liable to correct the mistake in the property deed.
Supporting Evidence
The plaintiff has proved his contentions in the plaint through affidavit and the evidence of the plaintiff remains unchallenged.
Judgment Evidence:
In the result, suit is decreed as follows: 1.the defendant are hereby directed by way of mandatory injunction to execute a correction deed in favour of the plaintiff by correcting the resurvey as 378/1 in sale deed No.6506/1995 of SRO Puthencruz.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- David
- Party Age
- 82
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Baby
- Party Age
- 58
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Kunjamma
- Party Age
- 58
- Relation
- D/o
Plaintiffs Documents
Photocopy of sale deed No. 6506/1995 of SRO Puthencruz, Photocopy of correction deed No.6506/1995 of SRO Puthencrz, Legal notice
Defendants Documents
NIL
Advocates
- Party Role
- Plaintiff
- Advocate Name
- M/s. P T Geevarghese, K Mathew Varghese, and B Ramachandran Nair
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Exparte
- Appearance Type
- Case between David vs Baby, Kunjamma regarding mandatory injunction > Case advocates
Reliefs
Relief Type:
Mandatory Injunction
Outcome:
Granted
Description:
Plaintiff requested a mandatory injunction to direct defendants to execute a correction deed.
Evidence:
The suit is decreed as follows: the defendants are hereby directed by way of mandatory injunction to execute a correction deed in favour of the plaintiff by correcting the resurvey as 378/1 in sale deed No. 6506/1995 of SRO Puthencruz.
Relief Type:
Costs
Outcome:
Refused
Description:
Plaintiff sought costs to be awarded for the suit.
Evidence:
Plaintiff is not entitled for the costs of the suit.
Documents & Evidence
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
Photocopy of sale deed No. 6506/1995 of SRO Puthencruz, proving ownership of the property.
Reference:
Ext.A1
Document Type:
Correction Deed
Submitted By:
Plaintiff
Relevance:
Photocopy of correction deed No.6506/1995 of SRO Puthencruz, related to the correction in property details.
Reference:
Ext.A2
Document Type:
Legal Notice
Submitted By:
Plaintiff
Relevance:
Legal notice sent to the defendants to execute the correction deed.
Reference:
Ext.A3
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
Postal receipt related to the legal notice sent.
Reference:
Ext.A4
Document Type:
Undelivered cover
Submitted By:
Plaintiff
Relevance:
Undelivered cover indicating issues with communication to defendants.
Reference:
Ext.A5
Document Type:
Re-Survey Plan
Submitted By:
Plaintiff
Relevance:
Re-survey plan relevant to the property in question.
Reference:
Ext.A6
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Commission report submitted by Advocate Commissioner Ancy Lilla Lazer.
Reference:
Ext.C1
Document Type:
Survey Plan
Submitted By:
Court
Relevance:
Survey plan prepared by Taluk Surveyor and submitted by Advocate Commissioner Ancy Lilla Lazer.
Reference:
Ext.C2
Case Classification
Case Type
Civil Suit
Category
Property and Possession Disputes
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Kolenchery
Common Reasons
Correction of property deed
Case Code
Case between David vs Baby, Kunjamma regarding mandatory injunction
Case Code Year
Case between David vs Baby, Kunjamma regarding mandatory injunction