Case Summary
The plaintiffs, Indirabai and Sunitha, are seeking a declaration of their title and possession over certain property in Thiruvananthapuram. The defendants, including the State of Kerala, have challenged their claims, asserting that part of the land is puramboke (government land).
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Plaintiffs are entitled for declaratory decree declaring the right, title and possession over the plaint schedule property.
Case Type
Civil Suit
Final Judgment
No
The court ruled in favor of the plaintiffs, confirming their ownership and possession of the property in question. The defendants were ordered to rectify the mistakes in the survey records.
Why Plaintiff Won:
The plaintiffs proved their right, title, and possession over the plaint schedule property through documentary evidence and prior payments of land tax.
The plaintiffs proved their right, title, and possession over the plaint schedule property through documentary evidence and prior payments of land tax.
Losing Side's Weaknesses:
The plaintiffs proved their right, title, and possession over the plaint schedule property through documentary evidence and prior payments of land tax.
The plaintiffs proved their right, title, and possession over the plaint schedule property through documentary evidence and prior payments of land tax.
Supporting Evidence
The plaintiffs have proved their right title and possession over the plaint schedule property. The defendants have no right to demolish the existing compound wall of the plaint schedule property.
Judgment Evidence:
In the result, the suit is decreed with costs: Plaintiffs are entitled for declaratory decree declaring the right, title and possession over the plaint schedule property. The defendants are directed to rectify the mistake crept in the resurvey records with respect to plaint schedule property within a period of three months.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Indirabai
- Party Age
- 67
- Relation
- D/o
- Party Role
- Plaintiff
- Party Name
- Sunitha
- Party Age
- 40
- Relation
- D/o
- Party Role
- Defendant
- Party Name
- State of Kerala
- Relation
- represented by
- Party Role
- Defendant
- Party Name
- The District Collector
- Party Role
- Defendant
- Party Name
- The Director of Survey and Land Records
- Party Role
- Defendant
- Party Name
- The Assistant Director
- Party Role
- Defendant
- Party Name
- The Additional Tahsildar
- Party Role
- Defendant
- Party Name
- The Village Officer
Plaintiffs Documents
Sale Deed No.2839, Sale Deed No.5307, Sale Deed No.2573, Sale Deed No.4343, Sale Deed No.139/1975, Sale Deed No.02/1979, Settlement Deed No.371/1987, Settlement Deed No.839/1999, Tax Receipts.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. G. Bhuvanachandran Nair
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sri. K. Jayachandran
- Appearance Type
- Government Pleader
Reliefs
Relief Type:
Declaration
Outcome:
Granted
Description:
A decree declaring the right, title and possession of the plaintiffs over the plaint schedule properties.
Evidence:
the plaintiffs have proved their right title and possession over the plaint schedule property.
Relief Type:
Other
Outcome:
Granted
Description:
A decree directing the defendants to rectify the mistake in the resurvey records.
Evidence:
defendants are liable to rectify the said mistake.
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
A decree restraining the defendants from demolishing the compound walls and disturbing the plaintiffs' peaceful possession.
Evidence:
the defendants have no right to demolish the existing compound wall of the plaint schedule property.
Documents & Evidence
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
Document establishing the title of property purchased by the plaintiffs' grandfather.
Reference:
Ext.A1
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
Document establishing the title of additional property purchased by the plaintiffs' grandfather.
Reference:
Ext.A2
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
Document related to the partition of property among the plaintiffs' family.
Reference:
Ext.A3
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
Document establishing the title of property purchased by the plaintiffs' family.
Reference:
Ext.A4
Document Type:
Settlement Deed
Submitted By:
Plaintiff
Relevance:
Document establishing a settlement deed executed by the first plaintiff.
Reference:
Ext.A5
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
Document establishing the title of additional property purchased by the first plaintiff.
Reference:
Ext.A6
Document Type:
Settlement Deed
Submitted By:
Plaintiff
Relevance:
Document establishing a settlement deed executed by the first plaintiff in favor of her husband.
Reference:
Ext.A7
Document Type:
Settlement Deed
Submitted By:
Plaintiff
Relevance:
Document establishing a settlement deed executed by the first plaintiff in favor of the second plaintiff.
Reference:
Ext.A8
Document Type:
Tax receipt
Submitted By:
Plaintiff
Relevance:
Document showing tax payment for the property by the plaintiffs.
Reference:
Ext.A9
Document Type:
Tax receipt
Submitted By:
Plaintiff
Relevance:
Document showing tax payment for the property by the plaintiffs.
Reference:
Ext.A10
Document Type:
Tax receipt
Submitted By:
Plaintiff
Relevance:
Document showing tax payment for the property by the plaintiffs.
Reference:
Ext.A11
Document Type:
Tax receipt
Submitted By:
Plaintiff
Relevance:
Document showing tax payment for the property by the plaintiffs.
Reference:
Ext.A12
Document Type:
Tax receipt
Submitted By:
Plaintiff
Relevance:
Document showing tax payment for the property by the plaintiffs.
Reference:
Ext.A13
Document Type:
Tax receipt
Submitted By:
Plaintiff
Relevance:
Document showing tax payment for the property by the plaintiffs.
Reference:
Ext.A14
Document Type:
Tax receipt
Submitted By:
Plaintiff
Relevance:
Document showing tax payment for the property by the plaintiffs.
Reference:
Ext.A15
Document Type:
Tax receipt
Submitted By:
Plaintiff
Relevance:
Document showing tax payment for the property by the plaintiffs.
Reference:
Ext.A16
Document Type:
Tax receipt
Submitted By:
Plaintiff
Relevance:
Document showing tax payment for the property by the plaintiffs.
Reference:
Ext.A17
Document Type:
Tax receipt
Submitted By:
Plaintiff
Relevance:
Document showing tax payment for the property by the plaintiffs.
Reference:
Ext.A18
Document Type:
Copy of judgment
Submitted By:
Plaintiff
Relevance:
Judgment from High Court directing the defendants to consider the application filed by the first plaintiff.
Reference:
Ext.A19
Document Type:
Report
Submitted By:
Plaintiff
Relevance:
Report from Additional Tahasildar indicating the survey findings.
Reference:
Ext.A20
Document Type:
Tax receipt
Submitted By:
Plaintiff
Relevance:
Document showing tax payment for the property by the plaintiffs.
Reference:
Ext.A21
Document Type:
Tax receipt
Submitted By:
Plaintiff
Relevance:
Document showing tax payment for the property by the plaintiffs.
Reference:
Ext.A22
Document Type:
Tax receipt
Submitted By:
Plaintiff
Relevance:
Document showing tax payment for the property by the plaintiffs.
Reference:
Ext.A23
Document Type:
Tax receipt
Submitted By:
Plaintiff
Relevance:
Document showing tax payment for the property by the plaintiffs.
Reference:
Ext.A24
Document Type:
Tax receipt
Submitted By:
Plaintiff
Relevance:
Document showing tax payment for the property by the plaintiffs.
Reference:
Ext.A25
Document Type:
Tax receipt
Submitted By:
Plaintiff
Relevance:
Document showing tax payment for the property by the plaintiffs.
Reference:
Ext.A26
Document Type:
Tax receipt
Submitted By:
Plaintiff
Relevance:
Document showing tax payment for the property by the plaintiffs.
Reference:
Ext.A27
Document Type:
Tax receipt
Submitted By:
Plaintiff
Relevance:
Document showing tax payment for the property by the plaintiffs.
Reference:
Ext.A28
Document Type:
Tax receipt
Submitted By:
Plaintiff
Relevance:
Document showing tax payment for the property by the plaintiffs.
Reference:
Ext.A29
Document Type:
Tax receipt
Submitted By:
Plaintiff
Relevance:
Document showing tax payment for the property by the plaintiffs.
Reference:
Ext.A30
Document Type:
Tax receipt
Submitted By:
Plaintiff
Relevance:
Document showing tax payment for the property by the plaintiffs.
Reference:
Ext.A31
Document Type:
Tax receipt
Submitted By:
Plaintiff
Relevance:
Document showing tax payment for the property by the plaintiffs.
Reference:
Ext.A32
Document Type:
Tax receipt
Submitted By:
Plaintiff
Relevance:
Document showing tax payment for the property by the plaintiffs.
Reference:
Ext.A33
Document Type:
Tax receipt
Submitted By:
Plaintiff
Relevance:
Document showing tax payment for the property by the plaintiffs.
Reference:
Ext.A34
Document Type:
Tax receipt
Submitted By:
Plaintiff
Relevance:
Document showing tax payment for the property by the plaintiffs.
Reference:
Ext.A35
Document Type:
Tax receipt
Submitted By:
Plaintiff
Relevance:
Document showing tax payment for the property by the plaintiffs.
Reference:
Ext.A36
Document Type:
Tax receipt
Submitted By:
Plaintiff
Relevance:
Document showing tax payment for the property by the plaintiffs.
Reference:
Ext.A37
Document Type:
Tax receipt
Submitted By:
Plaintiff
Relevance:
Document showing tax payment for the property by the plaintiffs.
Reference:
Ext.A38
Document Type:
Tax receipt
Submitted By:
Plaintiff
Relevance:
Document showing ownership of the property.
Reference:
Ext.A39
Document Type:
Location Certificate
Submitted By:
Plaintiff
Relevance:
Document certifying the location of the property.
Reference:
Ext.A40
Document Type:
Location Sketch
Submitted By:
Plaintiff
Relevance:
Document providing a sketch of the property's location.
Reference:
Ext.A41
Document Type:
Report
Submitted By:
Plaintiff
Relevance:
Report from the Surveyor regarding the property.
Reference:
Ext.A43
Document Type:
Pattayam
Submitted By:
Plaintiff
Relevance:
Document relating to the land tenure.
Reference:
Ext.A44
Document Type:
Settlement register
Submitted By:
Plaintiff
Relevance:
Copy of the settlement register.
Reference:
Ext.A45
Document Type:
Field Sketch
Submitted By:
Plaintiff
Relevance:
Copy of the field sketch related to the property.
Reference:
Ext.A46
Document Type:
Right to Information Application
Submitted By:
Plaintiff
Relevance:
Application for right to information concerning the property.
Reference:
Ext.A47
Document Type:
Commission report and plan
Submitted By:
Court
Relevance:
Court's commission report observing the property conditions.
Reference:
Ext.C1
Document Type:
Commission report and plan
Submitted By:
Court
Relevance:
Court's commission report observing the property conditions.
Reference:
Ext.C2
Document Type:
Note file
Submitted By:
Defendant
Relevance:
Document submitted by the defendants regarding the property.
Reference:
Ext.B1
Document Type:
Settlement register
Submitted By:
Defendant
Relevance:
Document related to settlement records presented by the defendants.
Reference:
Ext.B2
Document Type:
Survey Sketch
Submitted By:
Defendant
Relevance:
Sketch related to the resurvey of the property.
Reference:
Ext.B3
Document Type:
Divided Sketch
Submitted By:
Defendant
Relevance:
Sketch showing division of the property as per resurvey.
Reference:
Ext.B4
Document Type:
Enlarged sketch
Submitted By:
Defendant
Relevance:
Enlarged sketch showing the layout of the property.
Reference:
Ext.B5
Document Type:
Combined sketch
Submitted By:
Defendant
Relevance:
Combined sketch showing both resurvey and old survey details.
Reference:
Ext.B6
Case Classification
Case Type
Civil Suit
Category
Property and Possession Disputes
District
Thiruvananthapuram
State
Kerala
Court Establishment
Munsiff Court Thiruvananthapuram
Common Reasons
Non-payment of rent
Case Code
Case between Indirabai vs State of Kerala et al regarding declaration for title, possession and rectification of survey records
Case Code Year
Case between Indirabai vs State of Kerala et al regarding declaration for title, possession and rectification of survey records
Case Flags
Adalath Resolved