Case Summary
The plaintiffs, Vijayalakshmi Amma and Sudha, are seeking declaration of title, recovery of possession, fixation of boundary, and permanent prohibitory injunction against the defendants, Kolakkoth and Kolassery Puthur Biju. The case revolves around a property dispute stemming from a partition deed.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
1) Declaration of plaintiffs' absolute right, title, and possession. 2) Direction to defendants to surrender possession within 45 days. 3) Permanent prohibitory injunction against the defendants.
Case Type
Civil Suit
Final Judgment
No
The court declared that the plaintiffs have absolute right, title, and possession over the plaint schedule property. The defendants were ordered to surrender vacant possession and were restrained from trespassing.
Why Plaintiff Won:
The plaintiffs proved their title over the property through documentary evidence and unchallenged testimony.
The plaintiffs proved their title over the property through documentary evidence and unchallenged testimony.
Losing Side's Weaknesses:
The plaintiffs proved their title over the property through documentary evidence and unchallenged testimony.
The plaintiffs proved their title over the property through documentary evidence and unchallenged testimony.
Supporting Evidence
The case of the plaintiff is proved by the unchallenged oral testimony of the PW1 and the documents produced by her. The title of the plaint schedule proved by the exhibit A1 document.
Judgment Evidence:
In the result, the suit is decreed as follows: 1) It is hereby declared that the plaintiffs have absolute right, title and possession over the plaint schedule property. 2) The defendants No 2, 4 and 5 are hereby directed to surrender vacant possession of the plaint schedule property within 45 days from today failing which the plaintiffs shall be entitled to execute the decree through the process of the court.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Vijayalakshmi Amma
- Party Age
- 66
- Relation
- D/o
- Party Role
- Plaintiff
- Party Name
- Sudha
- Party Age
- 46
- Relation
- D/o
- Party Role
- Defendant
- Party Name
- Kolakkoth
- Party Age
- 72
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Kolassery Puthur Biju
- Party Age
- 35
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Sumathi
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Bindu
- Relation
- D/o
- Party Role
- Defendant
- Party Name
- Sindhu
- Relation
- D/o
Plaintiffs Documents
Partition deed No. 1900/1973, Letter dated 30.06.2017 issued by the Tahasildar, Report and plan dated 19.01.2017 submitted by Taluk Surveyor.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri.K. P. Gangadharan
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- P. C. Satheesh
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sri.P.S. Ramalingam
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sri.Janil John
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Vijisha
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Declaration
Outcome:
Granted
Description:
Declared that the plaintiffs have absolute right, title and possession over the plaint schedule property.
Evidence:
It is hereby declared that the plaintiffs have absolute right, title and possession over the plaint schedule property.
Relief Type:
Recovery
Outcome:
Granted
Description:
Directed the defendants to surrender vacant possession of the plaint schedule property.
Evidence:
The defendants No 2, 4 and 5 are hereby directed to surrender vacant possession of the plaint schedule property within 45 days from today.
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
Restrained the defendants from trespassing into the plaint schedule property and altering its boundaries.
Evidence:
The defendants No 2, 4 and 5, their men and agents are restrained by way of permanent prohibitory injunction from trespassing into the plaint schedule property.
Relief Type:
Other
Outcome:
Granted
Description:
Fixed the boundaries of the plaint schedule property as per the exhibit C2(a) plan.
Evidence:
The boundaries of the plaint schedule property is fixed as per the exhibit C2(a) plan.
Relief Type:
Other
Outcome:
Granted
Description:
Ordered the defendants to pay costs of the proceedings.
Evidence:
The defendants No 2, 4 and 5 shall pay costs of the proceedings to the plaintiffs.
Documents & Evidence
Document Type:
Partition Deed
Submitted By:
Plaintiff
Relevance:
Proved the title of the plaintiffs over the plaint schedule property.
Reference:
Ext.A1
Document Type:
Proceedings of Tahsildar Kozhikode
Submitted By:
Plaintiff
Relevance:
Provided evidence regarding the rights over the plaint schedule property.
Reference:
Ext.A2
Document Type:
Report and Plan
Submitted By:
Plaintiff
Relevance:
Supported the identification of the plaint schedule property.
Reference:
Ext.A3
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Provided findings related to the property inspection, though marked subject to proof.
Reference:
Ext.C1
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Provided additional findings related to the property inspection.
Reference:
Ext.C2
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 Vijayalakshmi Amma et al vs Kolakkoth et al regarding declaration of title, recovery of possession, fixation of boundary and permanent prohibitory injunction.
Case Code Year
Case between Vijayalakshmi Amma et al vs Kolakkoth et al regarding declaration of title, recovery of possession, fixation of boundary and permanent prohibitory injunction.
Case Flags
Out-of-Court Settlement