P.P. Ussan Koya and others (Legal heirs of the original plaintiff) v. K. Beekutti Umma and others
Case Details & Bench
- Court
- High Court of Kerala
- Hon'ble Judges
- A. Hariprasad
- Judgment Date
- 2018-02-12
- Court Decision / Holding
- The appeal is allowed. The judgments and decrees of the lower courts are set aside. The suit is decreed. It is declared that the portion of plaint B schedule built in 1976 belongs to the appellants, and the respondents are permanently restrained from disturbing the appellants’ possession of plaint B schedule. No order as to costs. All pending interlocutory applications are closed.
- Final Disposition
- Appeal allowed; suit decreed; declaration of title to plaint B schedule; permanent injunction; no costs.
Parties to the Case
Appellants / Petitioners
- P. P. Ussan Koya
- N. M. Jafar
- N. M. Shaheeda
- N. M. Meenu Mumthaz
- N. M. Sareena
- N. M. Juli
Respondents
- K. Beekutti Umma
- P. Ismail
- Dr. P. Ali
- P. Rukiya
- P. Ussain
- P. Hameed
- Shafiya
- P. Shaji
- Rukhia
- Rafeena
- Selvas
- Anish
- Kunhi Moidu
- Nissar
- Nemshi
Legal Representation & Advocates
Counsels for Petitioners
- • A.V.M. Salahuddin
Counsels for Respondents
- • P.V. Kunhikrishnan
Case Synopsis & Summary
This High Court of Kerala, in SA No. 962 of 2000 (F), heard on 12 February 2018, concerns a suit for declaration of title and injunction over plaint B schedule property, adjoining the plaintiff’s house (plaint A schedule) in Kozhikode. The original plaintiff’s heirs claim that the kitchen portion protruding into Saidali’s land (predecessor of the respondents) was constructed in 1976 with the sanction of an approved plan; a 1976 agreement for sale of plaint B schedule was not fully performed, and possession was not handed over. In 1985 Saidali sought recovery of plaint B schedule; the husband of the plaintiff contended that B schedule is part of plaint A, and the plaintiff should have been a party to that suit, which was dismissed. The defendants’ heirs appealed, but no steps were taken to execute the decree. The trial court dismissed the suit; the appellate court relied on PW1’s admission that her father possessed the property with Saidali. The appellants argued that the admission cannot defeat documentary evidence and that res judicata does not bar their claim since the plaintiff was not a party to the earlier suit. The High Court held that the appellants acquired title by adverse possession and limitation since 1975, and that the earlier admission cannot defeat this title. It decreed the suit, declaring B schedule as belonging to the appellants and granting a permanent injunction, with no costs.
Provisions of Law Cited
Legal Doctrines & Maxims
- Title by adverse possession is a valid title.
- Admission will not confer title (oral admissions cannot override documentary title).
- Res judicata applies where parties and subject matter are identical; however, in this case it does not bar the present suit since the plaintiff was not a party to the earlier suit.
Submissions & Arguments
Contentions of Appellants / Petitioners
The appellants argue that the courts below committed grave error in applying law to the facts. Ext.A6 shows that possession of plaint B schedule was not handed over at the time of the agreement, and the earlier Exts. A1–A2, and related documents do not establish title in favor of the respondents. They contend that the plaintiff’s oral admissions (PW1) cannot override documentary evidence and that the findings in the earlier suit were not properly vested by res judicata. The appellants emphasize that possession by the plaintiff and her heirs since 1975, openly against the predecessors and later against the respondents, constitutes title by adverse possession and limitation. They submit that the courts should have decreed the suit and dismissed the respondents’ defenses based on res judicata and the alleged contradictory admissions.
Contentions of Respondents
Respondents contend that plaint B schedule never belonged to the plaintiff; the earlier decree in the 1985 suit is binding and the plaintiff cannot reopen the matter. They rely on the fact that the suit earlier concluded with a decree; the plaintiff’s heirs cannot defeat the judgment by claiming adverse possession. They argue that the admission in PW1, though perhaps erroneous, is binding and matters of possession were in the possession of Saidali’s side, not the plaintiff’s heirs. They also rely on the principle of res judicata under Section 11 CPC to bar the present suit. They maintain that Ext.A6 demonstrates that possession was never delivered to the first appellant and that there was no transfer of title by adverse possession.”},
Cited Precedents (1)
| Case Name | Citation | Treatment | Explanation |
|---|---|---|---|
| Thomas v. Lonappan | 2016 (4) KLT 637 | Positive | The judgment cites this decision to support the proposition that title can vest by adverse possession. |
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