Case Summary
The case involves P.Surendran seeking a declaration of title and possession over a property he claims includes excess land. T.Ajith Kumar, the defendant, argues that the property does not exist as claimed by the plaintiff.
Judgment Outcome
Judgment Favored
Defendant
Relief Granted
Case Type
Civil Suit
Final Judgment
No
The application for temporary injunction filed by the plaintiff was dismissed as he failed to establish a prima facie case regarding the existence of the property.
Key Reasoning:
The plaintiff did not prove the existence of the plaint schedule property.
The plaintiff did not prove the existence of the plaint schedule property.
Why Defendant Won:
The plaintiff did not prove the existence of the plaint schedule property.
The plaintiff did not prove the existence of the plaint schedule property.
Supporting Evidence
The plaintiff has failed to establish prima facie case as the property over which injunction sought for could not be identified in Ext.C1 report.
Judgment Evidence:
In the result, this application stands dismissed. No order as to costs.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- P.Surendran
- Party Age
- 68
- Relation
- S/o Late Velu
- Party Role
- Defendant
- Party Name
- T.Ajith Kumar
- Party Age
- 56
- Relation
- S/o Thygarajan
Plaintiffs Documents
Certified Copy of Sale Deed No.2575/2011, Certified Copy of Sale Deed No.3653/1/2023
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri.Kuttappan Thazhassery
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Sri.Jithin.K Abhijith
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Sri.M.SelinaAdaline
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Smt.Stephy N.B
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sri.Shaji.S
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Smt.Smitha.K.S.
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sri.Satyan Sasi
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Smt.Deepthi Khosh.V
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Injunction
Outcome:
Refused
Description:
The plaintiff requested a temporary injunction to construct a compound wall on the southern boundary of the plaint schedule property.
Evidence:
In the result, this application stands dismissed.
Documents & Evidence
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
Certified copy of Sale Deed No.2575/2011 relevant to the claim of title and ownership over the plaint schedule property.
Reference:
Ext.A1
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
Certified copy of Sale Deed No.3653/1/2023 related to the sale of property to the defendant to discharge a loan.
Reference:
Ext.A2
Document Type:
Commissioner Report
Submitted By:
Court
Relevance:
Report detailing the inspection of the plaint schedule property, indicating that the alleged property is not identified as separate.
Reference:
Ext.C1
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Thiruvananthapuram
State
Kerala
Court Establishment
Munsiff Court Thiruvananthapuram
Common Reasons
Case Code
OS.NO.
Case Code Year
2024