Case Summary
K. Thankamani filed a suit against Valappil Nadeera for recovery of possession of property based on a title established by an earlier court judgment which declared a cancellation deed void. The plaintiff asserts that the defendant has no rights to the property.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Defendant is directed to give possession of plaint schedule property to the plaintiff within one month.
Case Type
Civil Suit
Final Judgment
No
The suit is decreed in favor of the plaintiff. The defendant is directed to give possession of the property to the plaintiff.
Why Plaintiff Won:
The plaintiff successfully proved her title over the property which was declared null and void by earlier judgments.
The plaintiff successfully proved her title over the property which was declared null and void by earlier judgments.
Losing Side's Weaknesses:
The plaintiff successfully proved her title over the property which was declared null and void by earlier judgments.
The plaintiff successfully proved her title over the property which was declared null and void by earlier judgments.
Supporting Evidence
The cancellation deed has been set aside, and the subsequent transferees do not have a valid title over the property.
Judgment Evidence:
In the result, the suit is decreed. The defendant is directed to give possession of plaint schedule property to the plaintiff within one month from the date of this judgment.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- K.Thankamani
- Party Age
- 60
- Relation
- D/o
- Party Role
- Defendant
- Party Name
- Valappil Nadeera
- Party Age
- 58
- Relation
- D/o
Plaintiffs Documents
Certified copy of settlement deed No.3148/2004, Certified copy of Decree in OS 640/2007, Certified copy of Judgment in OS 640/2007, Certified copy of Judgment in AS 5/2011, Tax Receipt issued by Village Officer.
Defendants Documents
Original Janmam assignment Deed No.1373/2007, Original Janmam assignment Deed No.406/2008, Original Janmam assignment Deed No.3770/2008, Tax receipt issued by Village officer, Encumberance certified issued from of SRO, Koduvally.
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri.E.M.Vijayan
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- N.T.Madhavanunni
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- Sri.K.B.Sahasranaman
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Recovery of possession of the plaint schedule property by the plaintiff.
Evidence:
the suit is decreed. The defendant is directed to give possession of plaint schedule property to the plaintiff within one month from the date of this judgment.
Relief Type:
Costs
Outcome:
Granted
Description:
Plaintiff is entitled to get the costs of the suit from the defendant.
Evidence:
The plaintiff is entitled to get the costs of the suit from the defendant.
Documents & Evidence
Document Type:
Certified Copy of Settlement Deed
Submitted By:
Plaintiff
Relevance:
This document establishes the plaintiff's title to the plaint schedule property.
Reference:
Ext.A1
Document Type:
Certified copy of Plaint in OS 640/2007
Submitted By:
Plaintiff
Relevance:
This document shows the previous suit filed by the plaintiff regarding the cancellation deed.
Reference:
Ext.A2
Document Type:
Certified copy of Decree in OS 640/2007
Submitted By:
Plaintiff
Relevance:
This decree declares the cancellation deed as null and void.
Reference:
Ext.A3
Document Type:
Certified copy of Judgment in OS 640/2007
Submitted By:
Plaintiff
Relevance:
This judgment reinforces the nullification of the cancellation deed.
Reference:
Ext.A4
Document Type:
Certified copy of Judgment in AS 5/2011
Submitted By:
Plaintiff
Relevance:
This judgment confirms the earlier decree from the trial court.
Reference:
Ext.A5
Document Type:
Tax receipt
Submitted By:
Plaintiff
Relevance:
This tax receipt provides evidence of ownership and possession by the plaintiff.
Reference:
Ext.A6
Document Type:
Tax receipt
Submitted By:
Plaintiff
Relevance:
This tax receipt further establishes plaintiff's ownership of the property.
Reference:
Ext.A7
Document Type:
Original Janmam assignment Deed
Submitted By:
Defendant
Relevance:
This deed is presented by the defendant to prove her claim to the property.
Reference:
Ext.B1
Document Type:
Original Janmam assignment Deed
Submitted By:
Defendant
Relevance:
This deed shows the transfer of property rights involving the defendant.
Reference:
Ext.B2
Document Type:
Original Janmam assignment Deed
Submitted By:
Defendant
Relevance:
This deed further supports the defendant's claim as a bona fide purchaser.
Reference:
Ext.B3
Document Type:
Tax receipt
Submitted By:
Defendant
Relevance:
This tax receipt aids in establishing the defendant's presence and claim to the property.
Reference:
Ext.B4
Document Type:
Encumberance Certificate
Submitted By:
Defendant
Relevance:
This certificate is used by the defendant to validate her title.
Reference:
Ext.B5
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 K.Thankamani vs Valappil Nadeera regarding recovery of possession
Case Code Year
Case between K.Thankamani vs Valappil Nadeera regarding recovery of possession