Case Summary
The plaintiffs, K.M.Priyadarsanlal and P.Latha, seek a declaration regarding their rights over a property and an injunction against the defendants from trespassing on that property and using a well. The defendants include the deceased P.C.Mohandas and his legal heirs.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Permanent prohibitory injunction against trespassing and drawing water from the well.
Case Type
Civil Suit
Final Judgment
No
The court declared that the plaintiffs have the right over the property and restrained the defendants from trespassing and drawing water from a well located on the property.
Why Plaintiff Won:
The unchallenged evidence of the plaintiffs and the legality of their ownership as substantiated by the documents presented.
The unchallenged evidence of the plaintiffs and the legality of their ownership as substantiated by the documents presented.
Losing Side's Weaknesses:
The unchallenged evidence of the plaintiffs and the legality of their ownership as substantiated by the documents presented.
The unchallenged evidence of the plaintiffs and the legality of their ownership as substantiated by the documents presented.
Supporting Evidence
The unchallenged evidence of PW1 coupled with Exts.A1 to A7, C1, C2 would prove the case of the plaintiff. Hence, the plaintiff is entitled to get a relief as sought for.
Judgment Evidence:
In the result, the suit is decreed as follows: 1) It is hereby declared that the plaintiffs only have the right over the plaint A schedule property and its improvements therein.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- K.M.Priyadarsanlal
- Party Age
- 65
- Relation
- S/o
- Party Role
- Plaintiff
- Party Name
- P. Latha
- Party Age
- 53
- Relation
- Wife of first plaintiff
- Party Role
- Defendant
- Party Name
- P.C.Mohandas
- Party Age
- 61
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Pushpavathi
- Party Age
- 63
- Relation
- Wife of 1st defendant
- Party Role
- Defendant
- Party Name
- C.P.Bhageesh
- Party Age
- 42
- Relation
- Son of 1st and 2nd defendant
- Party Role
- Defendant
- Party Name
- Shibija.C.P
- Party Age
- 40
- Relation
- Daughter of 1st and 2nd defendant
Plaintiffs Documents
Certified copies of sale deed No.1567/1998, Karayma kacheet deed No.2283/1956, and order in OS 470/1996.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri.K.C.Raveendran Nair
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- K.S.Vivek
- Appearance Type
- Assisting Counsel
- Party Role
- Plaintiff
- Advocate Name
- T.S.Sajith Kumar
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- P.T.Rajesh
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Declaration
Outcome:
Granted
Description:
Declaration that the plaintiffs only have the right over the plaint A schedule property.
Evidence:
It is hereby declared that the plaintiffs only have the right over the plaint A schedule property and its improvements therein.
Relief Type:
Declaration
Outcome:
Granted
Description:
Declaration that the defendants do not have any right over the well situated in the plaint A schedule property.
Evidence:
The defendants does not have any right over the well situated in plaint A schedule property as per document No.3602/2007 of Chevayur SRO.
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
Permanent prohibitory injunction from trespassing upon plaint A schedule property and from drawing water from the well.
Evidence:
The defendants are restrained by a decree of permanent prohibitory injunction from trespassing upon plaint A schedule property and from drawing water from the well situated in it.
Relief Type:
Other
Outcome:
Granted
Description:
Plaintiff entitled to realize costs of the suit from the defendants.
Evidence:
The plaintiff is entitled to realise the costs of the suit from the defendants.
Documents & Evidence
Document Type:
Certified copy of assignment deed
Submitted By:
Plaintiff
Relevance:
Proves the rights of the plaintiffs over the plaint A schedule property.
Reference:
Ext.A1
Document Type:
Certified copy of Karayma kacheet deed
Submitted By:
Plaintiff
Relevance:
Provides historical ownership information relevant to the case.
Reference:
Ext.A2
Document Type:
Certified copy of order in Preliminary decree
Submitted By:
Plaintiff
Relevance:
Establishes previous legal decisions affecting the property rights.
Reference:
Ext.A3
Document Type:
Certified Copy of Judgment
Submitted By:
Plaintiff
Relevance:
Details the outcome of the earlier partition suit involving the property.
Reference:
Ext.A4
Document Type:
Certified copy of Commission Report
Submitted By:
Plaintiff
Relevance:
Provides evidence regarding property conditions and usage.
Reference:
Ext.A5
Document Type:
Certified copy of order in IA
Submitted By:
Plaintiff
Relevance:
Relevant to earlier legal proceedings concerning the property.
Reference:
Ext.A6
Document Type:
Certified copy of ozhimury deed
Submitted By:
Plaintiff
Relevance:
Contains critical documentation related to the property rights.
Reference:
Ext.A7
Document Type:
Interim report of Commissioner
Submitted By:
Court
Relevance:
Provides interim findings relevant to the property assessment.
Reference:
Ext.C1
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Contains findings that were considered in the final judgment.
Reference:
Ext.C2
Document Type:
Commissioner's sketch
Submitted By:
Court
Relevance:
Visual evidence related to the property boundaries.
Reference:
Ext.C2(a)
Document Type:
Surveyors plan
Submitted By:
Court
Relevance:
Further clarifies property demarcations relevant to the case.
Reference:
Ext.C2(b)
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Kozhikode
State
Kerala
Court Establishment
Munsiff Court 2 Kozhikode
Common Reasons
Case Code
Case between K.M.Priyadarsanlal et al vs P.C.Mohandas et al regarding declaration and permanent prohibitory injunction
Case Code Year
Case between K.M.Priyadarsanlal et al vs P.C.Mohandas et al regarding declaration and permanent prohibitory injunction