Case Summary
The plaintiff, R. Ambika Kumari, is seeking relief concerning a property originally owned by her deceased parents, claiming that the defendants have not compensated her for its acquisition. The defendants include the Kerala State Housing Board and two other individuals who assert their own claims over the property.
Judgment Outcome
Judgment Favored
Defendant
Relief Granted
Case Type
Civil Suit
Final Judgment
No
The court dismissed the suit, stating that the plaintiff is not entitled to any relief regarding the disputed property.
Key Reasoning:
The plaintiff failed to establish ownership and entitlement to the reliefs sought as per the evidence produced.
The plaintiff failed to establish ownership and entitlement to the reliefs sought as per the evidence produced.
Why Defendant Won:
The plaintiff failed to establish ownership and entitlement to the reliefs sought as per the evidence produced.
The plaintiff failed to establish ownership and entitlement to the reliefs sought as per the evidence produced.
Supporting Evidence
The court concluded the plaintiff did not prove her case and therefore dismissed the suit.
Judgment Evidence:
In the result; The suit is dismissed. In view of the relationship between the parties, the parties are directed to bear their own respective costs.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- R. Ambika Kumari
- Party Age
- 52
- Relation
- D/o
- Party Role
- Defendant
- Party Name
- Kerala State Housing Board
- Relation
- Represented by
- Party Role
- Defendant
- Party Name
- R. Lambodaran Nair
- Party Age
- 58
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- P. Rohini Amma
- Party Age
- 55
Plaintiffs Documents
Copy of the letter No. RS.0095/95/PTR/ALT/6, Original Death Certificate of Smt.K.Pankajakshy Amma, Copy of legal heir certificate, Letter issued by the Kerala Housing Board No. RS.0095/95/PTR/ALT/ 6, Hon’ble Lok Ayukta Order Complaint No. 876/2014 D, Notice issued to Kerala State Housing Board.
Defendants Documents
Copy of the letter No.RS.0095/95/PTR/ALT/6, Certified copy of Will deed No. 58/1984, Certified copy of the Written Statement in LAR 80/1988, Decree in LAR 80/1988, Common Judgment in LAR 11/88, 155/88 and 80/88.
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri.N.Madhusoodanan Nair
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Sri.B.udevan Nair
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- Sri.Jani. P
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sri.V.S.Bhasurendran Nair
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- Sri.M. Kesavankutty Nair
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Declaration
Outcome:
Refused
Description:
Plaintiff’s claim to assert her rightful share of the allotment from the first defendant.
Evidence:
The court is of the view that the plaintiff is not entitled to get any reliefs in the suit.
Documents & Evidence
Document Type:
Letter
Submitted By:
Plaintiff
Relevance:
Copy of the letter No.RS.0095/95/PTR/ALT/6 dated 25/09/1999 from the Regional Engineer to Sri. Ramakrishnan Nair directing him to remit ₹2,63,055/- by 30/06/1999.
Reference:
Ext.A1
Document Type:
Letter
Submitted By:
Plaintiff
Relevance:
Letter issued by the first defendant to Smt. Pankajakshi Amma and others, requiring them to remit ₹12,14,074/- by 31/08/2006.
Reference:
Ext.A2
Document Type:
Death Certificate
Submitted By:
Plaintiff
Relevance:
Original Death Certificate of Smt.K.Pankajakshy Amma.
Reference:
Ext.A3
Document Type:
Legal Heir Certificate
Submitted By:
Plaintiff
Relevance:
Copy of legal heir certificate.
Reference:
Ext.A4
Document Type:
Letter
Submitted By:
Plaintiff
Relevance:
True copy of the letter sent to the Regional Engineer, KSHB requesting her 1/3 share in the property.
Reference:
Ext.A5
Document Type:
Letter
Submitted By:
Plaintiff
Relevance:
Letter issued by the Kerala Housing Board No. RS.0095/95/PTR/ALT/6.
Reference:
Ext.A6
Document Type:
Letter
Submitted By:
Plaintiff
Relevance:
True copy of reply to the Executive Engineer.
Reference:
Ext.A7
Document Type:
Letter
Submitted By:
Plaintiff
Relevance:
Letter from the Kerala State Housing Board No.RS 0095/95/PTR/ACT/6.
Reference:
Ext.A8
Document Type:
Letter
Submitted By:
Plaintiff
Relevance:
True copy of letter issued by Kerala State Housing Board No.RS 0095/95/PTR/ACT/6.
Reference:
Ext.A9
Document Type:
Notice
Submitted By:
Plaintiff
Relevance:
True copy of the notice.
Reference:
Ext.A10
Document Type:
Letter
Submitted By:
Plaintiff
Relevance:
Copy of a letter.
Reference:
Ext.A11
Document Type:
Order
Submitted By:
Plaintiff
Relevance:
Hon’ble Lok Ayukta Order Complaint No. 876/2014 D.
Reference:
Ext.A12
Document Type:
Notice
Submitted By:
Plaintiff
Relevance:
Notice issued to Kerala State Housing Board.
Reference:
Ext.A13
Document Type:
Will Deed
Submitted By:
Plaintiff
Relevance:
Original Will deed dated 21/12/1999 executed by Smt. Pankajakshi Amma.
Reference:
Ext.A14
Document Type:
Letter
Submitted By:
Defendant
Relevance:
True copy of letter No.RS.0095/95/PTR/ALT/6 dated 02/07/2013.
Reference:
Ext.B1
Document Type:
Letter
Submitted By:
Defendant
Relevance:
Copy of the letter No. RS.0095/95/PTR/ALT/6 dated 16/08/2006.
Reference:
Ext.B2
Document Type:
Letter
Submitted By:
Defendant
Relevance:
Copy of the letter No. RS.0095/95/PTR/ACT/6 dated 29/08/2013.
Reference:
Ext.B3
Document Type:
Will Deed
Submitted By:
Defendant
Relevance:
Certified copy of Will deed No. 58/1984.
Reference:
Ext.B4
Document Type:
Written Statement
Submitted By:
Defendant
Relevance:
Certified copy of the Written Statement in LAR 80/1988.
Reference:
Ext.B5
Document Type:
Vakalath
Submitted By:
Defendant
Relevance:
Vakalath in LAR 80/1988.
Reference:
Ext.B6
Document Type:
Affidavit
Submitted By:
Defendant
Relevance:
Affidavit in LAR 80/1988.
Reference:
Ext.B7
Document Type:
Decree
Submitted By:
Defendant
Relevance:
Decree in LAR 80/1988.
Reference:
Ext.B8
Document Type:
Common Judgment
Submitted By:
Defendant
Relevance:
Common Judgment in LAR 11/88, 155/88 and 80/88.
Reference:
Ext.B9
Document Type:
File
Submitted By:
Court
Relevance:
File No. RS.0095/95/PTR/ALT/6 from the Kerala State Housing Board.
Reference:
Ext.X1
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Thiruvananthapuram
State
Kerala
Court Establishment
Munsiff Court Thiruvananthapuram
Common Reasons
Case Code
OS.NO.
Case Code Year
2016