Case Summary
The case involves a counter claim filed by Sreelatha Amma and Raveendran Pillai against Manoj and Sindhu for the fixation of boundary and a permanent prohibitory injunction. The plaintiffs claim ownership of certain property, while the defendants contest this and assert their rights over their land.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Fixation of boundary; Defendants restrained from trespassing.
Case Type
Counter Claim
Final Judgment
No
The court decreed in favor of the counter claim plaintiffs, allowing them to fix the boundary as outlined in the provided survey plan. The defendants were restrained from trespassing into the counterclaim schedule property.
Why Plaintiff Won:
The counter claim plaintiffs established their ownership and entitlement through the relevant documents and the absence of any evidence to the contrary from the defendants.
The counter claim plaintiffs established their ownership and entitlement through the relevant documents and the absence of any evidence to the contrary from the defendants.
Losing Side's Weaknesses:
The counter claim plaintiffs established their ownership and entitlement through the relevant documents and the absence of any evidence to the contrary from the defendants.
The counter claim plaintiffs established their ownership and entitlement through the relevant documents and the absence of any evidence to the contrary from the defendants.
Supporting Evidence
The cause of action alleged in the counterclaim stands proved through the deposition of PW1 and also from Ext. A1 to A5 and C1 series.
Judgment Evidence:
In the result, the counter claim is decreed with costs... Counter claim plaintiffs are permitted to construct a boundary along the FGA line... Counter claim defendants/plaintiffs and their agents are hereby restrained from trespassing into the counterclaim schedule property...
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Sreelatha Amma
- Party Age
- 62
- Relation
- D/o
- Party Role
- Plaintiff
- Party Name
- Raveendran Pillai
- Party Age
- 65
- Party Role
- Defendant
- Party Name
- Manoj
- Party Age
- 52
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Sindhu
- Party Age
- 46
- Relation
- W/o
Plaintiffs Documents
Partition Deed No. 5127/1981, Certified copy of Sale Deed No. 270/1987, Sale Deed No. 462/1991, Land tax receipt dated 18/01/2018, Possession Certificate.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- R. Geetha
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Sreelatha. S
- Appearance Type
- Assisting Counsel
- Party Role
- Plaintiff
- Advocate Name
- Nisha L. Prakash
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- V. L. Baby
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
Counter claim plaintiffs are permitted to construct a boundary along the FGA line.
Evidence:
The counter claim plaintiffs are permitted to construct a boundary along the FGA line.
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
Counter claim defendants are restrained from trespassing into the counterclaim schedule property.
Evidence:
The counter claim defendants/plaintiffs and their agents are hereby restrained from trespassing into the counterclaim schedule property.
Relief Type:
Other
Outcome:
Granted
Description:
Counter claim plaintiffs are entitled to realize the costs of the counterclaim.
Evidence:
Counter claim plaintiffs are also entitled to realise the costs of the counterclaim from the counter claim defendants.
Documents & Evidence
Document Type:
Partition Deed
Submitted By:
Plaintiff
Relevance:
Used to establish the ownership and extent of the plaint schedule property.
Reference:
Ext.A1
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
Referenced to demonstrate the sale of land and its boundaries.
Reference:
Ext.A2
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
Relevant for understanding the transfer of ownership over a portion of land.
Reference:
Ext.A3
Document Type:
Tax receipt
Submitted By:
Plaintiff
Relevance:
Used to validate ownership and assess property tax on the respective land.
Reference:
Ext.A4
Document Type:
Possession Certificate
Submitted By:
Plaintiff
Relevance:
Demonstrates the claimant's possession of the plaint schedule property.
Reference:
Ext.A5
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Report prepared and submitted by Advocate Commissioner highlighting property details.
Reference:
Ext.C1
Document Type:
Mahazar
Submitted By:
Court
Relevance:
Document prepared by Advocate Commissioner providing additional evidence.
Reference:
Ext.C1(a)
Document Type:
Resurvey Plan
Submitted By:
Court
Relevance:
Illustrates the resurveyed boundaries crucial for case resolution.
Reference:
Ext.C1(b)
Document Type:
Resurvey Plan
Submitted By:
Court
Relevance:
Defines the boundary lines relevant to the counterclaim.
Reference:
Ext.C1(c)
Case Classification
Case Type
Counter Claim
Category
Property and Possession Disputes
District
Kollam
State
Kerala
Court Establishment
Munsiff Court Kollam
Common Reasons
Boundary Dispute
Case Code
Case between Sreelatha Amma et al vs Manoj et al regarding fixation of boundary and permanent prohibitory injunction
Case Code Year
Case between Sreelatha Amma et al vs Manoj et al regarding fixation of boundary and permanent prohibitory injunction