Case Summary
The plaintiff, S. Hariharan Potti, seeks a permanent prohibitory injunction against his brother, S. Gopalakrishnan Potti, to prevent trespassing and demolition of a boundary wall separating their properties. The plaintiff claims rightful ownership and possession of the property in question.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The defendant is perpetually restrained from trespassing into the plaint schedule properties and from demolishing the boundary separating the plaint schedule properties from the property of the defendant.
Case Type
Civil Suit
Final Judgment
No
The court decreed the suit in favor of the plaintiff, restraining the defendant from trespassing into the plaint schedule properties and from demolishing the boundary wall.
Why Plaintiff Won:
The plaintiff successfully established lawful title and possession over the plaint schedule properties, and the defendant's claims of adverse possession were not substantiated.
The plaintiff successfully established lawful title and possession over the plaint schedule properties, and the defendant's claims of adverse possession were not substantiated.
Losing Side's Weaknesses:
The plaintiff successfully established lawful title and possession over the plaint schedule properties, and the defendant's claims of adverse possession were not substantiated.
The plaintiff successfully established lawful title and possession over the plaint schedule properties, and the defendant's claims of adverse possession were not substantiated.
Supporting Evidence
The court finds that the plaintiff has proven ownership and that the defendant unlawfully trespassed despite having his own access way. The plea of adverse possession lacks evidence.
Judgment Evidence:
In the result: the suit is decreed as follows: (a) Let the defendant be perpetually restrained from trespassing into the plaint schedule properties. (b) Let the defendant be perpetually restrained from demolishing the boundary separating the plaint schedule properties from the property of the defendant.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- S. Hariharan Potti
- Party Age
- 76
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- S. Gopalakrishnan Potti
- Party Age
- 65
- Relation
- S/o
Plaintiffs Documents
Certified copy of the Sale Deed No. 3911/1993, Tax receipt bearing No. KL01011800710/2018, Certified copy of the Sale Deed No. 383/2004, Tax receipt bearing No. KL01011800711/2018, Certified copy of the Sale Deed No. 3910/1993, Copy of the Survey plan, Letter dated 10/11/2008.
Defendants Documents
Certified copy of Commission report in OS 1348/2012, Plan in OS 1348/2012.
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri.K. Muralidharan Nair
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Sri.Jayadeep.G. Nair
- Appearance Type
- Assisting Counsel
- Party Role
- Plaintiff
- Advocate Name
- Sri.Arun.G
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- Party in Person
- Appearance Type
- Government Pleader
Reliefs
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
Permanent prohibitory injunction restraining the defendant from trespassing into the plaint schedule properties.
Evidence:
Accordingly, the issues are answered in favour of the plaintiff.
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
Permanent prohibitory injunction restraining the defendant from demolishing the boundary separating the plaint schedule properties.
Evidence:
Accordingly, the issues are answered in favour of the plaintiff.
Relief Type:
Other
Outcome:
Not Decided
Description:
Costs of the suit.
Evidence:
Considering the relationship between the parties, there is no order as to costs.
Documents & Evidence
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
Certified copy of the Sale Deed No. 3911/1993 establishing the plaintiff's title and possession of the plaint 'A' schedule property.
Reference:
Ext.A1
Document Type:
Tax receipt
Submitted By:
Plaintiff
Relevance:
Tax receipt establishing the plaintiff's payment of tax in respect of the plaint 'A' schedule property.
Reference:
Ext.A2
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
Certified copy of the Sale Deed No. 383/2004 establishing the plaintiff's title and possession of the plaint 'B' schedule property.
Reference:
Ext.A3
Document Type:
Tax receipt
Submitted By:
Plaintiff
Relevance:
Tax receipt establishing the plaintiff's payment of tax in respect of the plaint 'B' schedule property.
Reference:
Ext.A4
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
Certified copy of the Sale Deed No. 3910/1993 establishing the defendant's access to his property.
Reference:
Ext.A5
Document Type:
Survey Plan
Submitted By:
Plaintiff
Relevance:
Copy of the survey plan relating to the plaint schedule properties.
Reference:
Ext.A6
Document Type:
Letter
Submitted By:
Plaintiff
Relevance:
Letter indicating the defendant's interest in purchasing part of the plaint schedule properties.
Reference:
Ext.A7
Document Type:
Commission Report
Submitted By:
Defendant
Relevance:
Certified copy of the commission report in OS 1348/2012 relevant to the property dispute.
Reference:
Ext.B1
Document Type:
Plan
Submitted By:
Defendant
Relevance:
Plan in OS 1348/2012 relevant to the property dispute.
Reference:
Ext.B2
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Court's commission report related to the property dispute.
Reference:
Ext.C1
Document Type:
Plan
Submitted By:
Court
Relevance:
Court's commission report plan related to the property dispute.
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
OS.NO.
Case Code Year
2019