Case Summary
The plaintiffs, Sreeletha.S and others, claim ownership of a property based on a settlement deed, while the defendants, including Muhammed Kunju.K.M and others, assert their own title through a sale deed. The case revolves around allegations of fraudulent execution of documents and possession of the property.
Judgment Outcome
Judgment Favored
Defendant
Relief Granted
Case Type
Civil Suit
Final Judgment
No
The court dismissed the plaintiffs' injunction application and allowed the defendants to maintain possession of the property.
Key Reasoning:
The defendants established their possession and title over the property as per the sale deeds.
The defendants established their possession and title over the property as per the sale deeds.
Why Defendant Won:
Not available
Not available
Supporting Evidence
The defendants 1 and 2 have prima facie established their possession and title over the plaint schedule property and building therein by virtue of Ext.B3 and Exts.B5.
Judgment Evidence:
In the result, I.A.1/2022 dismissed and I.A.11/2022 is allowed as follows: 1) The counter petitioners/counter claim defendants 1 to 3 are restrained from trespassing into counter claim schedule property and building and from interfering with counter claim plaintiffs/petitioners peaceful possession and enjoyment of the same.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Sreeletha.S
- Party Age
- 59
- Relation
- D/o
- Party Role
- Plaintiff
- Party Name
- Sureshkumar
- Party Age
- 61
- Relation
- S/o
- Party Role
- Plaintiff
- Party Name
- Saraswathy Bhai Amma
- Party Age
- 59
- Relation
- D/o
- Party Role
- Defendant
- Party Name
- Muhammed Kunju.K.M
- Party Age
- 61
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Sheeja Beegum.S
- Party Age
- 53
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- SreeGokulam Chits and Finance Company Private Limited
- Party Age
- 77
- Relation
- Represented by
Plaintiffs Documents
Settlement Deed No.2498/1998, Certified Copy of Sale Deed No.2543/2015, Certified Copy of Sale Deed No.3535/2021, Electricity Bills, Tax Receipt, Complaints to Police, Closure Letter.
Defendants Documents
Settlement Deed No.2824/1998, Certified Copy of Sale Deed No.2543/2015, Certified Copy of Sale Deed No.3535/2021, Tax Receipts, Encumbrance Certificate.
Advocates
- Party Role
- Plaintiff
- Advocate Name
- K.S.Narayanan Nair
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- K.S. Vinod
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- C.Jayakumar
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Injunction
Outcome:
Refused
Description:
Petitioners sought a temporary injunction to restrain defendants from trespassing.
Evidence:
Hence the counter petitioners/counter claim defendants 1 to 3 are restrained from trespassing into counter claim schedule property.
Relief Type:
Temporary Injunction
Outcome:
Granted
Description:
Permission granted for defendants to maintain possession and prevent interference.
Evidence:
Hence I.A.11/2022 is allowed as follows: The counter petitioners/counter claim defendants 1 to 3 are restrained from trespassing into counter claim schedule property.
Documents & Evidence
Document Type:
Settlement Deed
Submitted By:
Plaintiff
Relevance:
Copy of Settlement Deed No.2498/1998 establishing title and possession over the plaint schedule property.
Reference:
Ext.A1
Document Type:
Settlement Deed
Submitted By:
Plaintiff
Relevance:
Certified Copy of Settlement Deed No.2543/2015 relevant to the dispute regarding ownership.
Reference:
Ext.A2
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
Certified Copy of Sale Deed No.3535/2021, showing transfer of property rights relevant to the case.
Reference:
Ext.A3
Document Type:
Electricity Bills
Submitted By:
Plaintiff
Relevance:
Series of electricity bills serving as evidence related to the plaint schedule property.
Reference:
Ext.A4
Document Type:
Tax receipt
Submitted By:
Plaintiff
Relevance:
Tax receipt pertaining to the plaint schedule property, evidencing financial responsibilities.
Reference:
Ext.A5
Document Type:
Complaint
Submitted By:
Plaintiff
Relevance:
Copy of complaint filed by Sreelatha to the Commissioner of Police regarding the issue.
Reference:
Ext.A6
Document Type:
Complaint
Submitted By:
Plaintiff
Relevance:
Copy of complaint filed by Sreelatha to SHO, Kazhakuttom Police Station related to the case.
Reference:
Ext.A7
Document Type:
Statement of Account
Submitted By:
Plaintiff
Relevance:
Copy of Statement of Account relevant to the transactions in question.
Reference:
Ext.A8
Document Type:
Closure Letter
Submitted By:
Plaintiff
Relevance:
Closure letter from State Bank of India relating to the settlement of dues.
Reference:
Ext.A9
Document Type:
Account Statement
Submitted By:
Plaintiff
Relevance:
Account statement attached through e-mail, providing further context to transactions.
Reference:
Ext.A10
Document Type:
Settlement Deed
Submitted By:
Defendant
Relevance:
Certified Copy of Settlement Deed No.2824/1998 establishing title and possession for defendants.
Reference:
Ext.B1
Document Type:
Settlement Deed
Submitted By:
Defendant
Relevance:
Certified Copy of Settlement Deed No.2543/2015, confirming defendants' claims of ownership.
Reference:
Ext.B2
Document Type:
Sale deed
Submitted By:
Defendant
Relevance:
Certified Copy of Sale Deed No.3535/2021 indicating the transaction of property ownership.
Reference:
Ext.B3
Document Type:
Tax receipt
Submitted By:
Defendant
Relevance:
Tax receipt evidencing defendants' financial responsibilities for the property.
Reference:
Ext.B4
Document Type:
Tax receipt
Submitted By:
Defendant
Relevance:
Tax receipt relating to the plaint schedule property supporting the defendants' claims.
Reference:
Ext.B5
Document Type:
Tax receipt
Submitted By:
Defendant
Relevance:
Building tax receipt supporting defendants' possession of the property.
Reference:
Ext.B6
Document Type:
Encumbrance certificate
Submitted By:
Defendant
Relevance:
Encumbrance certificate evidencing financial transactions relevant to property ownership.
Reference:
Ext.B7
Document Type:
Letter
Submitted By:
Defendant
Relevance:
Copy of letter lifting attachment issued by the Hon’ble Sub Court, relevant to the case.
Reference:
Ext.B8
Document Type:
Letter
Submitted By:
Defendant
Relevance:
Copy of letter from Debt Recovery Tribunal, providing context to defendants' claims.
Reference:
Ext.B9
Document Type:
Letter
Submitted By:
Defendant
Relevance:
Copy of letter lifting attachment issued by the Hon’ble Sub Court, relevant to defendants' case.
Reference:
Ext.B10
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Commission report detailing the condition of the plaint schedule property, highlighting disputes.
Reference:
Ext.C1
Case Classification
Case Type
Civil Suit
Category
Property and Possession Disputes
District
Thiruvananthapuram
State
Kerala
Court Establishment
Munsiff Court Thiruvananthapuram
Common Reasons
Fraudulent execution of sale deed
Case Code
Case between Sreeletha.S et al vs Muhammed Kunju.K.M et al regarding civil disputes over property
Case Code Year
Case between Sreeletha.S et al vs Muhammed Kunju.K.M et al regarding civil disputes over property