Case Summary
The plaintiff, Agnes Hillari, seeks a declaration of ownership and a permanent injunction against the defendants who claim rights over the property. The court found that the plaintiff has been in continuous and exclusive possession of the property since 1986.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Declaration of ownership and injunction against trespassing
Case Type
Civil Suit
Final Judgment
No
The court decreed that the plaintiff possesses title over the property by adverse possession and restrained the defendants from interrupting her peaceful possession.
Why Plaintiff Won:
The plaintiff's continuous and exclusive possession since 1986 was established and uncontested.
The plaintiff's continuous and exclusive possession since 1986 was established and uncontested.
Losing Side's Weaknesses:
The plaintiff's continuous and exclusive possession since 1986 was established and uncontested.
The plaintiff's continuous and exclusive possession since 1986 was established and uncontested.
Supporting Evidence
The cause of action alleged in the plaint stands proved through the depositions of PW1 and PW2 and from Ext. A1 to A9 and C1 series. From the affidavit and exhibits it is clear that the plaintiff is entitled to get a decree of declaration and for permanent prohibitory injunction. There is no contra evidence to prove otherwise.
Judgment Evidence:
In the result, the suit is decreed with costs as follows: 1. It is declared that the plaintiff has prescribed her possession and title over the plaint schedule property by adverse possession. 2. The defendants and their men are restrained from trespassing into the plaint schedule property and from making any obstruction to the peaceful possession and enjoyment of the plaint schedule property by the plaintiff.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Agnes Hillari
- Party Age
- 69
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Thresyamma George
- Party Age
- 76
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- George @ Moncy
- Party Age
- 54
- Party Role
- Defendant
- Party Name
- Christeena
- Party Age
- 78
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Stephen
- Party Age
- 58
- Party Role
- Defendant
- Party Name
- Romoo @ Biju
- Relation
- S/o
Plaintiffs Documents
Death Certificate of Aloysius Nazrath, Death Certificate of Mary Bella D’cruz, Death Certificate of Hillary D’Cruz, Certificate issued from Kollam Milma Dairy, Agent’s identity card, Resurvey Plan, Copy of Thandaperu kanaku, Certificate issued from Kollam Corporation, Licence
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- K. Ramachandran Nair
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Justin Poulose
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Declaration
Outcome:
Granted
Description:
Declaration that the plaintiff has prescribed her possession and title over the plaint schedule property by adverse possession.
Evidence:
It is declared that the plaintiff has prescribed her possession and title over the plaint schedule property by adverse possession.
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
Restraint on defendants and their men from trespassing into the plaint schedule property.
Evidence:
The defendants and their men are restrained from trespassing into the plaint schedule property.
Relief Type:
Costs
Outcome:
Granted
Description:
The plaintiff is entitled to realise the costs of the suit from the defendants.
Evidence:
Plaintiff is also entitled to realise the costs of the suit from the defendants.
Documents & Evidence
Document Type:
Death Certificate
Submitted By:
Plaintiff
Relevance:
Proves the death of Aloysius Nazrath.
Reference:
Ext.A1
Document Type:
Death Certificate
Submitted By:
Plaintiff
Relevance:
Proves the death of Mary Bella D’cruz.
Reference:
Ext.A2
Document Type:
Death Certificate
Submitted By:
Plaintiff
Relevance:
Proves the death of Hillary D’Cruz.
Reference:
Ext.A3
Document Type:
Certificate from Milma Dairy
Submitted By:
Plaintiff
Relevance:
Supports the plaintiff's claim regarding the business.
Reference:
Ext.A4
Document Type:
Agent’s ID card
Submitted By:
Plaintiff
Relevance:
Identifies the plaintiff as an agent for the business.
Reference:
Ext.A5
Document Type:
Resurvey Plan
Submitted By:
Plaintiff
Relevance:
Describes the property in question.
Reference:
Ext.A6
Document Type:
Thandaper Account
Submitted By:
Plaintiff
Relevance:
Evidence of property ownership or possession.
Reference:
Ext.A7
Document Type:
Certificate from Kollam Corporation
Submitted By:
Plaintiff
Relevance:
Demonstrates compliance with municipal obligations.
Reference:
Ext.A8
Document Type:
License
Submitted By:
Plaintiff
Relevance:
Legal permit for running the bakery business.
Reference:
Ext.A9
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Identifies the plaint schedule property.
Reference:
Ext.C1
Document Type:
Mahazar
Submitted By:
Court
Relevance:
Document detailing the findings of the commissioner.
Reference:
Ext.C1(a)
Case Classification
Case Type
Civil Suit
Category
Property and Possession Disputes
District
Kollam
State
Kerala
Court Establishment
Munsiff Court Kollam
Common Reasons
Adverse possession
Case Code
Case between Agnes Hillari vs Thresyamma George et al regarding declaration and permanent prohibitory injunction
Case Code Year
Case between Agnes Hillari vs Thresyamma George et al regarding declaration and permanent prohibitory injunction