Case Summary
Chandrika, the plaintiff, claims ownership of a property and alleges that Thankamoney is attempting to trespass and appropriate part of it due to a landslide. The court examines the evidence and decrees in favor of the plaintiff.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Defendant is directed to put up a boundary on schedule properties and is restrained from trespassing.
Case Type
Civil Suit
Final Judgment
No
The court decrees that the defendant must put up a boundary on the property in question and is restrained from trespassing into the plaintiff's property.
Why Plaintiff Won:
The plaintiff's ownership and possession over the property were established and were unchallenged.
The plaintiff's ownership and possession over the property were established and were unchallenged.
Losing Side's Weaknesses:
The plaintiff's ownership and possession over the property were established and were unchallenged.
The plaintiff's ownership and possession over the property were established and were unchallenged.
Supporting Evidence
From the oral and documentary evidence adduced from the side of plaintiff, the plaintiffs’ ownership and possession over the plaint schedule property is proved by Exts.A1 to A10 and the oral evidence of PW1. The evidence of plaintiff remains unchallenged.
Judgment Evidence:
In the result, the suit is decreed as follows: (I) The defendant is directed to put up a boundary on schedule properties and as per physical boundary on the basis of Ext.C2(a) plan, on north and western sides of A schedule property separating the B schedule property in accordance with their respective documents at the joint expenses of the plaintiff and the defendant within a period of 3 months from the date of decree.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Chandrika
- Party Age
- 55
- Relation
- D/o
- Party Role
- Defendant
- Party Name
- Thankamoney
- Party Age
- 56
- Relation
- D/o
Plaintiffs Documents
Certified copy of Sale Deed No. 887/1986, Original Tax Receipt, Application of Plaintiff before the Taluk Office, Reply Notice, Copy of Basic Tax Register received from the Addl. Tahasildar Office, Thiruvananthapuram, Copy of Settlement Deed No. 1164/2002, Tax receipt, Certified Copy of Basic Tax Register, Certified Copy of Settlement Deed No. 1164/2002, Copy of Tax Receipt.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. Kanjiramattom T.K. Siraj
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
Permanent prohibitory injunction restraining the defendant from trespassing into the plaint A schedule property.
Evidence:
the plaintiff is entitled for a decree of permanent prohibitory injunction restraining the defendant from trespassing into the plaint A schedule property
Relief Type:
Mandatory Injunction
Outcome:
Granted
Description:
Defendant directed to put up a boundary on schedule properties.
Evidence:
The defendant is directed to put up a boundary on schedule properties and as per physical boundary on the basis of Ext.C2(a) plan
Documents & Evidence
Document Type:
Certified copy of Sale Deed
Submitted By:
Plaintiff
Relevance:
Proves the plaintiff's ownership of the property.
Reference:
Ext.A1
Document Type:
Original tax receipt
Submitted By:
Plaintiff
Relevance:
Shows payment of tax for the plaint A schedule property.
Reference:
Ext.A2
Document Type:
Application of Plaintiff before the Taluk Office
Submitted By:
Plaintiff
Relevance:
Supports the plaintiff's claims regarding the property.
Reference:
Ext.A3
Document Type:
Reply Notice
Submitted By:
Plaintiff
Relevance:
Evidence of communication regarding property boundaries.
Reference:
Ext.A4
Document Type:
Copy of Basic Tax Register
Submitted By:
Plaintiff
Relevance:
Confirms ownership and tax details of the property.
Reference:
Ext.A5
Document Type:
Copy of settlement Deed
Submitted By:
Plaintiff
Relevance:
Provides further evidence concerning ownership.
Reference:
Ext.A6
Document Type:
Tax receipt
Submitted By:
Plaintiff
Relevance:
Further evidence of tax payments related to the property.
Reference:
Ext.A7
Document Type:
Certified Copy of Basic Tax Register
Submitted By:
Plaintiff
Relevance:
Confirms the basic tax register related to the property.
Reference:
Ext.A8
Document Type:
Certified Copy of Settlement Deed
Submitted By:
Plaintiff
Relevance:
Reiterates ownership through the settlement deed.
Reference:
Ext.A9
Document Type:
Copy of Tax Receipt
Submitted By:
Plaintiff
Relevance:
Further confirms the payment of taxes for the property.
Reference:
Ext.A10
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Provides a detailed account of the property boundaries and levels.
Reference:
Ext.C1
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Further documentation related to the property inspections.
Reference:
Ext.C2
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Thiruvananthapuram
State
Kerala
Court Establishment
Munsiff Court Thiruvananthapuram
Common Reasons
Case Code
Case between Chandrika vs Thankamoney regarding permanent prohibitory injunction.
Case Code Year
Case between Chandrika vs Thankamoney regarding permanent prohibitory injunction.