Case Summary
The case involves Sreenivasan and his legal heirs against Thondiyil Kallyani and others, concerning the recovery of possession of a disputed property. The plaintiffs claim ownership based on title deeds while the defendants allege adverse possession.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Defendants directed to hand over possession within one month, and restraining order against the defendants regarding the property.
Case Type
Civil Suit
Final Judgment
No
The court decreed the suit in favor of the plaintiffs directing the defendants to vacate the property and restraining them from interfering in the plaintiffs' possession.
Why Plaintiff Won:
Plaintiffs established ownership and de jure possession over the property as substantiated by evidence.
Plaintiffs established ownership and de jure possession over the property as substantiated by evidence.
Losing Side's Weaknesses:
Plaintiffs established ownership and de jure possession over the property as substantiated by evidence.
Plaintiffs established ownership and de jure possession over the property as substantiated by evidence.
Supporting Evidence
It follows that Ext. A4 which is an order passed by a public authority in its official capacity, instills the confidence of this court. The plaintiffs were able to prove their title over plaint B schedule property on the strength of Ext. A2.
Judgment Evidence:
In the result, the suit is decreed as follows: 1. The defendants are hereby directed to hand over the vacant possession of plaint B schedule property to the plaintiffs within one month from today failing which the plaintiffs can execute this order with the assistance of the court.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Sreenivasan
- Party Age
- 83
- Relation
- S/o
- Party Role
- Plaintiff
- Party Name
- Rohini
- Party Age
- 78
- Relation
- W/o
- Party Role
- Plaintiff
- Party Name
- Vipin Kumar.A
- Party Age
- 55
- Relation
- S/o
- Party Role
- Plaintiff
- Party Name
- Mini.A
- Party Age
- 54
- Relation
- D/o
- Party Role
- Plaintiff
- Party Name
- Shyni. A
- Party Age
- 51
- Relation
- D/o
- Party Role
- Defendant
- Party Name
- Thondiyil Kallyani
- Party Age
- 52
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Thondiyil Baburaj
- Party Age
- 36
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Thondiyil Ajith
- Party Age
- 33
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Jiji
- Party Age
- 30
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Sreeja
- Party Age
- 28
- Relation
- S/o
Plaintiffs Documents
Kanam Assignment deed No.607/1962, Kanam Assignment deed No.355/1987, Judgment in OS 646/84, Tax receipt.
Defendants Documents
Jenmam assignment deed No. 357/1989, Kanam assignment deed No.286/1961, Purchase certificate, Judgment in LAR 118/22.
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri.K.Muhammed Iqubal
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sri. A.K.Sukumaran
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Ahed rishal
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Possession
Outcome:
Granted
Description:
The defendants are directed to hand over the vacant possession of plaint B schedule property to the plaintiffs.
Evidence:
The defendants are hereby directed to hand over the vacant possession of plaint B schedule property to the plaintiffs within one month from today failing which the plaintiffs can execute this order with the assistance of the court and recover the costs incurred from the defendants.
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
A permanent prohibitory injunction restraining the defendants from interfering with peaceful possession and enjoyment of plaint B schedule property.
Evidence:
The defendants are hereby restrained by a permanent prohibitory injunction from interfering with peaceful possession and enjoyment of plaint B schedule property by the plaintiffs and their men.
Relief Type:
Costs
Outcome:
Granted
Description:
The defendants shall pay the costs of the suit.
Evidence:
The defendants shall pay the costs of the suit.
Documents & Evidence
Document Type:
Kanam Assignment Deed
Submitted By:
Plaintiff
Relevance:
Certified copy of Kanam assignment deed No. 607/1962 of SRO, Join II executed by Krishnan in favour of Sreenivasan.
Reference:
Ext.A1
Document Type:
Kanam Assignment Deed
Submitted By:
Plaintiff
Relevance:
Certified copy of Kanam assignment deed executed by Sreemanunni Nair in favour of Sreenivasan.
Reference:
Ext.A2
Document Type:
Judgment
Submitted By:
Plaintiff
Relevance:
Certified copy of Judgment in OS 646/84 of Addl.MC1, Kozhikode.
Reference:
Ext.A3
Document Type:
Decree
Submitted By:
Plaintiff
Relevance:
Certified copy of Decree in OS 646/84 of Addl.MC1, Kozhikode.
Reference:
Ext.A4
Document Type:
Proceedings
Submitted By:
Plaintiff
Relevance:
Proceedings No.B24091/17 of Kozhikode Thahasildar.
Reference:
Ext.A5
Document Type:
Basic Land Tax Receipt
Submitted By:
Plaintiff
Relevance:
Basic Land Tax receipt issued by Kacheri Village Officer in the name of Sreenivasan.
Reference:
Ext.A6
Document Type:
CD of Photograph
Submitted By:
Unknown
Relevance:
Photographs relevant to the case.
Reference:
Ext.A7
Document Type:
Jenmam assignment deed
Submitted By:
Defendant
Relevance:
Certified copy of Jenmam assignment deed No. 357/1989 of SRO, West Hill, executed by Kunhilakshmi amma and 5 others in favour of Balamani Amma.
Reference:
Ext.B1
Document Type:
Kanam Assignment Deed
Submitted By:
Defendant
Relevance:
Kanam assignment deed No.286/1961 of SRO joint II, Kozhikode executed by Sreemanunni Nair in favour of Kandathi and Ambadi.
Reference:
Ext.B2
Document Type:
Purchase Certificate
Submitted By:
Defendant
Relevance:
Purchase certificate issued by Kozhikode Land Tribunal in favour of Kandathi and Ambadi.
Reference:
Ext.B3
Document Type:
Judgment
Submitted By:
Defendant
Relevance:
Certified copy of Judgment in LAR 118/22 of Sub Court, Kozhikode.
Reference:
Ext.B4
Document Type:
Field Map
Submitted By:
Defendant
Relevance:
Certified copy of field Map prepared by SPL (Tahasildar, LA), Kozhikode.
Reference:
Ext.B5
Document Type:
Basic Land Tax Receipt
Submitted By:
Defendant
Relevance:
Basic land tax receipt issued by Katcheri Village Officer in the name of Kallyani.T.
Reference:
Ext.B6
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Commission report with plan and photos filed by Adv.Athul Raj.
Reference:
Ext.C1
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Commission report with Survey plan filed by Adv.Ranjith.M.
Reference:
Ext.C2
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Commission report with Survey plan filed by Adv.Ranjith.M.
Reference:
Ext.C3
Case Classification
Case Type
Civil Suit
Category
Property and Possession Disputes
District
Kozhikode
State
Kerala
Court Establishment
Munsiff Court 1 Kozhikode
Common Reasons
Case Code
Case between Sreenivasan et al vs Thondiyil Kallyani et al regarding recovery of possession of property
Case Code Year
Case between Sreenivasan et al vs Thondiyil Kallyani et al regarding recovery of possession of property