Case Summary
Elias Puthiya Panthakalakam is the plaintiff seeking a declaration and recovery of possession of property gifted to him by his mother, Kamabi Puthiya Panthakalakam. The defendants are members of the plaintiff's family who dispute the validity of the gift.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Plaintiff is declared the absolute owner and defendants 3 and 4 are directed to surrender the vacant possession of the plaint schedule property.
Case Type
Civil Suit
Final Judgment
No
The court declared that the plaintiff is the absolute owner of the plaint schedule property, which had been orally gifted to him by the 1st defendant. The defendants were ordered to vacate the property.
Why Plaintiff Won:
The gift made by the 1st defendant to the plaintiff was found to be valid and fully executed.
The gift made by the 1st defendant to the plaintiff was found to be valid and fully executed.
Losing Side's Weaknesses:
The gift made by the 1st defendant to the plaintiff was found to be valid and fully executed.
The gift made by the 1st defendant to the plaintiff was found to be valid and fully executed.
Supporting Evidence
The evidence of PW1 and Exts. A1 to A5 would show that the petitioner is entitled to the reliefs as prayed for.
Judgment Evidence:
In the result, the suit is decreed with costs as follows: 1. It is declared that the plaintiff is the absolute owner of the plaint schedule property by virtue of the oral gift made by the 1st defendant in favour of the plaintiff on the 20th day of December 2021.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Elias Puthiya Panthakalakam
- Party Age
- 54
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Kamabi Puthiya Panthakalakam
- Party Age
- 83
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Raziya
- Party Age
- 66
- Relation
- D/o
- Party Role
- Defendant
- Party Name
- Salih Baramy PP
- Party Age
- 65
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- PP Abdul Jaleel Baramy
- Party Age
- 64
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Marjana PP
- Party Age
- 61
- Relation
- D/o
Plaintiffs Documents
Joint Release deed bearing document No. 1934/1975, Purchase certificate bearing no.5080/1976, Purchase certificate bearing No.3118/1978, Plan and permit issued by the Kozhikode Corporation, Survey sketch prepared by licensed Surveyor Muhammed Shafi.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri.Muneer Ahammed
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Sri.Mudasser Ahammed
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sri. Anoop Chandran
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Declaration
Outcome:
Granted
Description:
It is declared that the plaintiff is the absolute owner of the plaint schedule property by virtue of the oral gift made by the 1st defendant in favour of the plaintiff on the 20th day of December 2021.
Evidence:
In the result, the suit is decreed with costs as follows: 1.It is declared that the plaintiff is the absolute owner of the plaint schedule property by virtue of the oral gift made by the 1st defendant in favour of the plaintiff on the 20th day of December 2021.
Relief Type:
Possession
Outcome:
Granted
Description:
Defendants No. 3 and 4 are directed to surrender the vacant possession of the plaint schedule property to the plaintiff by removing themselves within a period of two months.
Evidence:
2.Defendants No. 3 and 4 are directed to surrender the vacant possession of the plaint schedule property to the plaintiff by removing themselves within a period of two months failing which the plaintiff can resort to process known to law.
Relief Type:
Costs
Outcome:
Granted
Description:
The plaintiff is entitled to receive the costs of the suit from the defendants.
Evidence:
3.The plaintiff is entitled to receive the costs of the suit from the defendants.
Documents & Evidence
Document Type:
Joint Release Deed
Submitted By:
Plaintiff
Relevance:
Original of Joint Release deed bearing document No. 1934/1975 of SRO Chalappuram.
Reference:
Ext.A1
Document Type:
Purchase Certificate
Submitted By:
Plaintiff
Relevance:
Original purchase certificate bearing no.5080/1976 issued by Kozhikode Land Tribunal.
Reference:
Ext.A2
Document Type:
Purchase Certificate
Submitted By:
Plaintiff
Relevance:
Original Purchase certificate bearing No.3118/1978 issued by Kozhikode Land Tribunal.
Reference:
Ext.A3
Document Type:
Plan and Permit
Submitted By:
Plaintiff
Relevance:
Original Plan and permit issued by the Kozhikode Corporation.
Reference:
Ext.A4
Document Type:
Survey Sketch
Submitted By:
Plaintiff
Relevance:
Original Survey sketch prepared by licensed Surveyor Muhammed Shafi.
Reference:
Ext.A5
Case Classification
Case Type
Civil Suit
Category
Property and Possession Disputes
District
Kozhikode
State
Kerala
Court Establishment
Munsiff Court 1 Kozhikode
Common Reasons
Oral gift
Case Code
Case between Elias Puthiya Panthakalakam vs Kamabi Puthiya Panthakalakam et al regarding declaration and recovery of possession.
Case Code Year
Case between Elias Puthiya Panthakalakam vs Kamabi Puthiya Panthakalakam et al regarding declaration and recovery of possession.