Case Summary
M. Jagannathan filed a suit against T.V. Latheesh and others seeking a permanent prohibitory injunction to prevent them from trespassing into his property. The plaintiff alleged attempted trespass by the defendants and sought to protect his property boundaries.
Judgment Outcome
Judgment Favored
Defendant
Relief Granted
Case Type
Civil Suit
Final Judgment
No
The court found that the plaintiff failed to prove his right and possession over the plaint schedule property. Consequently, the suit was dismissed with costs against the plaintiff.
Key Reasoning:
The plaintiff could not establish a valid claim to the property as per the presented evidence.
The plaintiff could not establish a valid claim to the property as per the presented evidence.
Why Defendant Won:
The plaintiff could not establish a valid claim to the property as per the presented evidence.
The plaintiff could not establish a valid claim to the property as per the presented evidence.
Supporting Evidence
Ext.A1 and its prior title deed Ext.B1 doesn’t shows that the plaintiff had property in resurvey 113/1D. Those documents shows that the plaintiff has property in resurvey 115/3 which is named as Vadakke Keezhottu Nilam.
Judgment Evidence:
In the result, the suit is dismissed with costs.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- M. Jagannathan
- Party Age
- 48
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- T.V. Latheesh
- Party Age
- 50
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- T.V. Kousalya(Died)
- Party Age
- 80
- Relation
- D/o
- Party Role
- Defendant
- Party Name
- T.V. Sudheesh
- Party Age
- 48
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Droupathi
- Party Age
- 77
- Relation
- W/o
Plaintiffs Documents
Certified copy of partition deed No. 656/2004, Copy of possession certificate issued from Village officer, Olavanna, Notary attested copy of land tax receipt issued by Village officer, Olavanna, Location certificate issued by Village officer, Olavanna, Copy of field sketch issued by Villager officer, Olavanna, Copy of location sketch issued by Village Officer, Olavanna, Photographs, Certified copy of partition deed No. 1019/2010 of SRO, Chalappuram executed by T.V. Latheesh and others.
Defendants Documents
Certified copy of Janmam assignment deed No. 2006/1985 of SRO, Chalappuram, Re-settlement adangal 113/D, 115/D issued by Village Officer, Olavanna, Original Will executed by Kousalya, Original Land tax receipts from the period 1992 to 2016, Appeal memo.
Advocates
- Party Role
- Plaintiff
- Advocate Name
- K.B. Sivaramakrishnan
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- K. A. Swetha
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Manjith.P
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sreedevi.M.M
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Permanent Injunction
Outcome:
Refused
Description:
Plaintiff sought an order to restrain the defendants from trespassing and damaging the plaint schedule property.
Evidence:
It is found that the plaintiff is not entitled to get an order of injunction.
Documents & Evidence
Document Type:
Certified Copy of Partition Deed
Submitted By:
Plaintiff
Relevance:
This document is the basis of the plaintiff's claim over the plaint schedule property.
Reference:
Ext.A1
Document Type:
Possession Certificate
Submitted By:
Plaintiff
Relevance:
This certificate supports the plaintiff's assertion of possession over the property.
Reference:
Ext.A2
Document Type:
Notary attested copy of land tax receipt
Submitted By:
Plaintiff
Relevance:
This document provides evidence of tax payment by the plaintiff, supporting their claim.
Reference:
Ext.A3
Document Type:
Location Certificate
Submitted By:
Plaintiff
Relevance:
This shows the geographical details of the plaint schedule property.
Reference:
Ext.A4
Document Type:
Copy of field sketch
Submitted By:
Plaintiff
Relevance:
Provides additional visual evidence of the property in question.
Reference:
Ext.A5
Document Type:
Copy of location sketch
Submitted By:
Plaintiff
Relevance:
This supports the plaintiff's claim regarding the property boundaries.
Reference:
Ext.A6
Document Type:
Photographs
Submitted By:
Plaintiff
Relevance:
Visual evidence related to the property claimed by the plaintiff.
Reference:
Ext.A7
Document Type:
Certified Copy of Partition Deed
Submitted By:
Plaintiff
Relevance:
This is relevant to the ownership details of adjacent properties.
Reference:
Ext.A8
Document Type:
Copy of Land Tax Receipt
Submitted By:
Plaintiff
Relevance:
This receipt supports claims about tax payments relevant to the property.
Reference:
Ext.A9
Document Type:
Certified Copy of Janmam Assignment Deed
Submitted By:
Defendant
Relevance:
This document is crucial for the defendant's claim of ownership.
Reference:
Ext.B1
Document Type:
Re-settlement adangal
Submitted By:
Defendant
Relevance:
This document is provided to contest the plaintiff's claims regarding property.
Reference:
Ext.B2
Document Type:
Original Will
Submitted By:
Defendant
Relevance:
This document provides inheritance details relevant to the disputed property.
Reference:
Ext.B3
Document Type:
Original Land tax receipts
Submitted By:
Defendant
Relevance:
These receipts provide evidence of tax payment by the defendants and support their ownership claim.
Reference:
Ext.B4 to B14
Document Type:
Appeal memo
Submitted By:
Defendant
Relevance:
This document is submitted as part of the defendants' counterarguments.
Reference:
Ext.B15
Document Type:
Survey Manual
Submitted By:
Defendant
Relevance:
This is relevant for the survey details of the properties in dispute.
Reference:
Ext.B16
Document Type:
Building Permit
Submitted By:
Defendant
Relevance:
This supports the defendants' claims regarding permissible constructions.
Reference:
Ext.B17
Document Type:
Copy of commission report
Submitted By:
Defendant
Relevance:
Provides findings from a prior commission related to the properties in question.
Reference:
Ext.B19
Document Type:
Commission Report
Submitted By:
Court
Relevance:
This document contains findings relevant to the property boundaries and ownership.
Reference:
Ext.C1
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Further findings that contribute to the court's evaluation of the property dispute.
Reference:
Ext.C2
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Another report with relevant information affecting the case deliberations.
Reference:
Ext.C3
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 M. Jagannathan vs T.V. Latheesh et al regarding permanent prohibitory injunction
Case Code Year
Case between M. Jagannathan vs T.V. Latheesh et al regarding permanent prohibitory injunction