Case Summary
Komalam K.T. filed a suit against K. Rajan for recovery of possession, prohibitory injunction and for rectification and partial cancellation of certain documents. The case revolves around property rights claimed by both the plaintiff and the defendant.
Judgment Outcome
Judgment Favored
Defendant
Relief Granted
Case Type
Civil Suit
Final Judgment
No
The court dismissed the suit filed by the plaintiff for recovery of possession and injunction against the defendant. The plaintiff failed to establish her title over the disputed properties.
Key Reasoning:
The plaintiff failed to establish her right over the properties claimed based on insufficient identification.
The plaintiff failed to establish her right over the properties claimed based on insufficient identification.
Why Defendant Won:
The plaintiff failed to establish her right over the properties claimed based on insufficient identification.
The plaintiff failed to establish her right over the properties claimed based on insufficient identification.
Supporting Evidence
The plaintiff has not succeeded in establishing her right over plaint A and D schedule property.
Judgment Evidence:
In the result, the suit is dismissed with costs.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Komalam K.T.
- Party Age
- 57
- Relation
- D/o
- Party Role
- Defendant
- Party Name
- K. Rajan
- Party Age
- 64
- Relation
- S/o
Plaintiffs Documents
Original partition deed No.835/1981, Registration copy of Karayma Kachit executed by Rarichakutty, Registration copy of Assignment deed No.799/1944.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- K.C. Raveendran Nair
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Sajith Kumar
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- P.G. Sreejith
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Possession
Outcome:
Refused
Description:
Request for recovery of possession of plaint D schedule property.
Evidence:
The court concluded that plaintiff has failed to establish her right over plaint D schedule property.
Relief Type:
Injunction
Outcome:
Refused
Description:
Request for a permanent prohibitory injunction against trespass on plaint A schedule property.
Evidence:
The court found against the plaintiff and refused the request for an injunction.
Relief Type:
Rectification
Outcome:
Not Decided
Description:
Request for rectification of Documents No. 532/98, 566/98 of Kozhikode SRO.
Evidence:
No evidence was provided to prove that the documents should be rectified.
Documents & Evidence
Document Type:
Partition Deed
Submitted By:
Plaintiff
Relevance:
Establishes the plaintiff's ownership over the plaint A schedule property.
Reference:
Ext.A1
Document Type:
Karayma Kychit
Submitted By:
Plaintiff
Relevance:
Shows the original transfer of the plaint C schedule property.
Reference:
Ext.A2
Document Type:
Assignment Deed
Submitted By:
Plaintiff
Relevance:
Indicates the transfer of rights over the plaint C schedule property.
Reference:
Ext.A3
Document Type:
Purchase Certificate
Submitted By:
Plaintiff
Relevance:
Documents ownership of the property obtained from the Land Tribunal.
Reference:
Ext.A4
Document Type:
Petition
Submitted By:
Plaintiff
Relevance:
Relates to buying the land owner's rights.
Reference:
Ext.A5
Document Type:
Land Tax Receipt
Submitted By:
Plaintiff
Relevance:
Establishes the plaintiff's payment of taxes for property ownership.
Reference:
Ext.A6, Ext.A10 to Ext.A17 (series)
Document Type:
Commissioner's Report
Submitted By:
Plaintiff
Relevance:
Provided a clear identification of the plaint schedule properties.
Reference:
Ext.A9
Document Type:
Jenmam assignment deed
Submitted By:
Defendant
Relevance:
Shows the assignment of property rights to the defendant.
Reference:
Ext.X1
Document Type:
Release deed
Submitted By:
Defendant
Relevance:
Confirms transfer of property rights to the defendant.
Reference:
Ext.X2
Case Classification
Case Type
Civil Suit
Category
Property and Possession Disputes
District
Kozhikode
State
Kerala
Court Establishment
Munsiff Court 1 Kozhikode
Common Reasons
Recovery of Possession
Case Code
Case between Komalam K.T. vs K. Rajan regarding recovery of possession, prohibitory injunction and for rectification and partial cancellation of documents.
Case Code Year
Case between Komalam K.T. vs K. Rajan regarding recovery of possession, prohibitory injunction and for rectification and partial cancellation of documents.