Case Summary
E.S. Santhadevi and E.S. Maheshkumar, the plaintiffs, are seeking recovery of possession of property from the defendants, who include Sarada and others. The case revolves around property rights and alleged trespass by the defendants.
Judgment Outcome
Judgment Favored
Defendant
Relief Granted
Case Type
Civil Suit
Final Judgment
No
The suit is dismissed with costs for the defendants. The court upheld the defendants' claims to the property based on evidence presented.
Key Reasoning:
The court found the evidence and claims of the defendants more credible in determining property boundaries.
The court found the evidence and claims of the defendants more credible in determining property boundaries.
Why Defendant Won:
The court found the evidence and claims of the defendants more credible in determining property boundaries.
The court found the evidence and claims of the defendants more credible in determining property boundaries.
Supporting Evidence
The court concluded that the measurements of the property were inaccurately described by the plaintiffs, impacting their claim.
Judgment Evidence:
In the result, the suit is dismissed with costs of the defendants.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- E.S. Santhadevi
- Party Age
- 65
- Relation
- W/o Late Sankaran Embranthiri
- Party Role
- Plaintiff
- Party Name
- E.S. Maheshkumar
- Party Age
- 39
- Relation
- S/o Late Sankaran Embranthiri
- Party Role
- Defendant
- Party Name
- Sarada
- Party Age
- 74
- Relation
- W/o Late Damodaran Chettiar
- Party Role
- Defendant
- Party Name
- V.K. Shoba
- Party Age
- 52
- Relation
- D/o Late Damodaran Chettiar
- Party Role
- Defendant
- Party Name
- V.K. Shylaja
- Party Age
- 50
- Relation
- D/o Late Damodaran Chettiar
- Party Role
- Defendant
- Party Name
- V.K. Valsala
- Party Age
- 48
- Relation
- W/o Sreedharan N.V
- Party Role
- Defendant
- Party Name
- Sivadasan
- Party Age
- 47
- Relation
- S/o Late Damodaran Chettiar
Plaintiffs Documents
Certified copies of various deeds and evidence of property ownership.
Defendants Documents
Certified copies of written statements and evidence related to property rights.
Advocates
- Party Role
- Plaintiff
- Advocate Name
- K.M. Muhammed Iqubal
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- K.P. Gangadharan
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- V.Satheesan
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- P.C. Satheesh
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- V.P. Radhakrishnan
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- K. Jayarajan
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- Jaideepsingh
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Refused
Description:
The plaintiffs sought recovery of possession of plaint D schedule property from defendants.
Evidence:
In view of the findings in the issue Nos’1 to 6 and 8 to 23, it is found that the suit is only to be dismissed with the costs of the defendants.
Relief Type:
Declaration
Outcome:
Refused
Description:
Plaintiffs sought a declaration that the partition deed 3910/2002 of SRO Feroke executed by defendants 1 to 6 is not binding on them.
Evidence:
It is found that the plaintiffs are not entitled for a declaration that the Ext.A58 partition deed is not binding upon them.
Relief Type:
Injunction
Outcome:
Refused
Description:
Plaintiffs sought a perpetual prohibitory injunction against defendants regarding plaint B and D schedule properties.
Evidence:
No relief of injunction can be granted as the evidence did not support the plaintiffs' claims.
Documents & Evidence
Document Type:
Deed
Submitted By:
Plaintiff
Relevance:
Certified copy of Deed No. 1565/1942 of SRO, Feroke evidencing the original ownership of property.
Reference:
Ext.A1
Document Type:
Deed
Submitted By:
Plaintiff
Relevance:
Certified copy of Kanam Deed No. 2063/1945 of SRO, Feroke evidencing the change of ownership of property.
Reference:
Ext.A2
Document Type:
Deed
Submitted By:
Plaintiff
Relevance:
Certified copy of Kanam Deed No. 4557/1946 of SRO, Feroke providing further evidence of ownership.
Reference:
Ext.A3
Document Type:
Deed
Submitted By:
Plaintiff
Relevance:
Certified copy of Deed No. 808/1972 of SRO, Feroke regarding property ownership.
Reference:
Ext.A4
Document Type:
Deed
Submitted By:
Plaintiff
Relevance:
Certified copy of Deed No. 1968/1972 of SRO, Feroke providing evidence of ownership.
Reference:
Ext.A5
Document Type:
Deed
Submitted By:
Plaintiff
Relevance:
Certified copy of Settlement Deed No.644/1975 of SRO, Feroke evidencing settlement of property.
Reference:
Ext.A6
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Commission report detailing the physical measurements and conditions of the property.
Reference:
Ext.C1
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Further commission report submitted by Advocate V.V. Pushpaveni on the property measurements.
Reference:
Ext.C2
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Additional commission report detailing updated property measurements.
Reference:
Ext.C3
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Another commission report submitted by Advocate V.V. Pushpaveni providing evidence on property boundaries.
Reference:
Ext.C4
Document Type:
Purchase Certificate
Submitted By:
Plaintiff
Relevance:
Certified copy of Purchase certificate in the name of Sankaran Embranthiri providing proof of ownership.
Reference:
Ext.A8
Document Type:
Purchase Certificate
Submitted By:
Plaintiff
Relevance:
Certified copy of Purchase Certificate in the name of Santhadevi Antharjanam providing proof of ownership.
Reference:
Ext.A9
Case Classification
Case Type
Civil Suit
Category
Property and Possession Disputes
District
Kozhikode
State
Kerala
Court Establishment
Munsiff Court 2 Kozhikode
Common Reasons
Recovery of Possession
Case Code
Case between E.S. Santhadevi et al vs Sarada et al regarding recovery of possession and declaration of property rights
Case Code Year
Case between E.S. Santhadevi et al vs Sarada et al regarding recovery of possession and declaration of property rights