Case Summary
Anarkali is seeking a declaration of title and possession over a property she claims belongs to her, which the defendants have encroached upon. The court examined the evidence presented and the ongoing disputes between the parties regarding property boundaries.
Judgment Outcome
Judgment Favored
Partial
Relief Granted
Plaintiff is declared the absolute owner of the plaint A schedule property.
Case Type
Civil Suit
Final Judgment
No
The court declared that the plaintiff is the absolute owner of the property but dismissed other reliefs. It acknowledged the challenges faced by both parties regarding property boundaries and encroachments.
Key Reasoning:
The plaintiff established her title and possession over the property through unchallenged evidence.
The plaintiff established her title and possession over the property through unchallenged evidence.
Losing Side's Weaknesses:
Not available
Not available
Supporting Evidence
Through the unchallenged oral and documentary evidence, the plaintiff has established her title and possession over plaint A schedule property.
Judgment Evidence:
In the result, the suit is decreed-in-part as follows: 1. It is hereby declared that plaintiff is the absolute owner of the plaint A schedule property.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Anarkali
- Party Age
- 57
- Relation
- D/o
- Party Role
- Defendant
- Party Name
- Renjith Jayan
- Party Age
- 40
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Sarassa
- Party Age
- 58
- Relation
- D/o
- Party Role
- Defendant
- Party Name
- Pramod
- Party Age
- 32
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Pradeep
- Party Age
- 30
- Relation
- S/o
Plaintiffs Documents
Certified copy of Sale deed No. 5178/1996, Tax Receipt
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. S. Ramesan
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Declaration
Outcome:
Granted
Description:
Declaration of title over the plaint A schedule property.
Evidence:
It is hereby declared that plaintiff is the absolute owner of the plaint A schedule property.
Relief Type:
Permanent Injunction
Outcome:
Rejected
Description:
Permanent prohibitory injunction restraining the defendants from trespassing.
Evidence:
the plaintiff is not entitled to get a decree for permanent prohibitory injunction restraining the defendants from trespassing.
Relief Type:
Other
Outcome:
Not Decided
Description:
All other reliefs sought in the plaint.
Evidence:
All other reliefs sought in the plaint are hereby dismissed.
Documents & Evidence
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
Certified copy of sale deed No. 5178/1996 of S.R.O., Varkala, establishing the plaintiff's ownership.
Reference:
Ext.A1
Document Type:
Tax receipt
Submitted By:
Plaintiff
Relevance:
Tax receipt dated 21.06.2019 from Vettoor Village Office, supporting the plaintiff's claim.
Reference:
Ext.A2
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Commission report prepared by Adv. Commissioner Smt. Chitralekha concerning the property boundaries.
Reference:
Ext.C1
Document Type:
Rough Sketch
Submitted By:
Court
Relevance:
Rough sketch related to the commission report outlining property boundaries.
Reference:
Ext.C1(a)
Case Classification
Case Type
Civil Suit
Category
Property and Possession Disputes
District
Thiruvananthapuram
State
Kerala
Court Establishment
Munsiffs Court, Varkala
Common Reasons
Case Code
Case between Anarkali vs Renjith Jayan et al regarding declaration of title and possession.
Case Code Year
Case between Anarkali vs Renjith Jayan et al regarding declaration of title and possession.