Case Summary
The plaintiffs are members of the Elambana family seeking a declaration that certain fraudulent documents regarding their property are null and void. The defendants, including legal heirs of a deceased member, dispute the plaintiffs' claims to the property.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Permanent prohibitory injunction granted in favour of the plaintiffs.
Case Type
Civil Suit
Final Judgment
No
The court declared the plaint schedule property as vested with the Elambana family and found certain sale deeds and partition deed to be null and void. A permanent prohibitory injunction was also granted.
Why Plaintiff Won:
The plaintiffs established that the documents executed regarding the property were fraudulent and violated the family's partition deed.
The plaintiffs established that the documents executed regarding the property were fraudulent and violated the family's partition deed.
Losing Side's Weaknesses:
The plaintiffs established that the documents executed regarding the property were fraudulent and violated the family's partition deed.
The plaintiffs established that the documents executed regarding the property were fraudulent and violated the family's partition deed.
Supporting Evidence
Through the unchallenged oral and documentary evidence adduced by the plaintiffs, the plaintiffs have established their case.
Judgment Evidence:
In the result, the suit is decreed as follows: 1. It is hereby declared that the plaint schedule property is vested with the Elambana family and partition deed No.1456/1114 ME dated 11.06.1114 ME of S.R.O, Varkala are null and void. 2. It is hereby declared that sale deed nos.411/1975, 3724/1979, 2227/2009 and partition deed No. 3397/2007 of S.R.O, Varkala are null and void. 3. A permanent prohibitory injunction is granted in favour of the plaintiffs and the defendants are restrained from encroaching into the plaint schedule property.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Venugopal
- Party Age
- 68
- Relation
- S/o
- Party Role
- Plaintiff
- Party Name
- Purushothaman
- Party Age
- 75
- Relation
- S/o
- Party Role
- Plaintiff
- Party Name
- Hariprasad
- Party Age
- 58
- Relation
- S/o
- Party Role
- Plaintiff
- Party Name
- Thulaseedharan
- Party Age
- 60
- Relation
- S/o
- Party Role
- Plaintiff
- Party Name
- Sugathan
- Party Age
- 64
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Vasanthakumari
- Party Age
- 62
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Sanjai. S. Anand
- Party Age
- 37
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Saj. S. Anand
- Party Age
- 27
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Sunija
- Party Age
- 36
- Relation
- W/o
Plaintiffs Documents
Copy of Partition deed No. 1456/1114 of S.R.O., Varkala, Certified Copy of Sale Deed No. 411/1975 of S.R.O., Varkala, Certified Copy of Sale Deed No. 3724/1979 of S.R.O., Varkala, Certified Copy of Partition Deed No. 3397/2007 of S.R.O., Varkala, Certified Copy of Sale Deed No. 2227/2009 of S.R.O., Varkala.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. P. Hemachandran Nair
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sri. S. Rajeev
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sri. Saabir F. Haq
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Declaration
Outcome:
Granted
Description:
Declaring that the plaint schedule property is vested with the Elambana family.
Evidence:
It is hereby declared that the plaint schedule property is vested with the Elambana family.
Relief Type:
Declaration
Outcome:
Granted
Description:
Declaring sale deed Nos. 411/1975, 3724/1979, 2227/2009 and partition deed No. 3397/2007 of S.R.O, Varkala null and void.
Evidence:
It is hereby declared that sale deed Nos. 411/1975, 3724/1979, 2227/2009 and partition deed No. 3397/2007 of S.R.O, Varkala are null and void.
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
A permanent prohibitory injunction restraining defendants from encroaching into the plaint schedule property.
Evidence:
A permanent prohibitory injunction is granted in favour of the plaintiffs and the defendants are restrained from encroaching into the plaint schedule property.
Documents & Evidence
Document Type:
Partition Deed
Submitted By:
Plaintiff
Relevance:
This document establishes the division of family properties and the prohibition clause affecting ownership rights.
Reference:
Ext.A1
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
This sale deed is referenced to demonstrate fraudulent dealings regarding the plaint schedule property.
Reference:
Ext.A2
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
This sale deed is reiterated as part of the fraudulent dealings affecting the property title.
Reference:
Ext.A3
Document Type:
Partition Deed
Submitted By:
Plaintiff
Relevance:
This partition deed is mentioned to assert claims against the fraudulent dealings executed by the defendants.
Reference:
Ext.A4
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
This sale deed was included to highlight inconsistencies and fraudulent actions regarding property rights.
Reference:
Ext.A5
Document Type:
Tax receipt
Submitted By:
Plaintiff
Relevance:
This document evidences tax payments relevant to the ownership and usage of the property.
Reference:
Ext.A6
Document Type:
Thandapper Kanakku
Submitted By:
Plaintiff
Relevance:
This document serves as part of the tax records for the properties in question.
Reference:
Ext.A7
Document Type:
Thandapper Kanakku
Submitted By:
Plaintiff
Relevance:
This document is another tax record associated with the property ownership.
Reference:
Ext.A8
Document Type:
Tax receipt
Submitted By:
Plaintiff
Relevance:
This tax receipt provides further evidence of tax liabilities related to the property.
Reference:
Ext.A9
Document Type:
Thandapper Kanakku
Submitted By:
Plaintiff
Relevance:
This document adds to the tax documentation concerning the ownership.
Reference:
Ext.A10
Document Type:
Tax receipt
Submitted By:
Plaintiff
Relevance:
This document reinforces tax payment claims of the property owners.
Reference:
Ext.A11
Document Type:
Partition Deed
Submitted By:
Plaintiff
Relevance:
This is a repeated reference to establish the authenticity of the primary partition deed affecting ownership.
Reference:
Ext.A12
Document Type:
Commission Report
Submitted By:
Court
Relevance:
This commission report provides findings pertinent to the ownership dispute.
Reference:
Ext.C1
Document Type:
Rough Sketch
Submitted By:
Court
Relevance:
This sketch complements the commission report to illustrate property boundaries.
Reference:
Ext.C1(a)
Document Type:
Commission Report
Submitted By:
Court
Relevance:
This second commission report adds further context to the property dispute.
Reference:
Ext.C2
Document Type:
Survey Plan
Submitted By:
Court
Relevance:
This survey plan helps clarify the specific areas indicated in the property title.
Reference:
Ext.C2(a)
Case Classification
Case Type
Civil Suit
Category
Property and Possession Disputes
District
Thiruvananthapuram
State
Kerala
Court Establishment
Munsiffs Court, Varkala
Common Reasons
Case Code
Case between Venugopal et al vs Vasanthakumari et al regarding declaration and decree of permanent prohibitory injunction
Case Code Year
Case between Venugopal et al vs Vasanthakumari et al regarding declaration and decree of permanent prohibitory injunction