Case Summary
Jacob, the plaintiff, is claiming title to a property through adverse possession against his sister, Jetroode, who has made claims over the same property. The dispute arises from historical family possession and alleged title rights.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Case Type
Civil Suit
Final Judgment
No
The court declared that Jacob is the absolute title holder of the plaint schedule property by adverse possession while dismissing the prayer for permanent prohibitory injunction against Jetroode.
Why Plaintiff Won:
The plaintiff successfully established adverse possession over the property.
The plaintiff successfully established adverse possession over the property.
Losing Side's Weaknesses:
Not available
Not available
Supporting Evidence
the principle of adverse possession can be used for getting a declaration with regard to title. So this court is having no hesitation to hold that plaintiff is entitled to get a decree of declaration by adverse possession.
Judgment Evidence:
In the result, the suit is decreed as follows: It is hereby declared that plaintiff is the absolute title holder of plaint schedule property by adverse possession.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Jacob
- Party Age
- 58
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Jetroode
- Party Age
- 52
- Relation
- D/o
Plaintiffs Documents
Demand Notice for Arrear, Building tax receipt, KSEB Bill, Residential certificate, Building Tax receipt
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. Shajilal S.
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Declaration
Outcome:
Granted
Description:
The plaintiff sought a declaration of title by adverse possession regarding the plaint schedule property.
Evidence:
It is hereby declared that plaintiff is the absolute title holder of plaint schedule property by adverse possession.
Relief Type:
Permanent Injunction
Outcome:
Rejected
Description:
The plaintiff requested a decree of permanent prohibitory injunction against the alienation or encumbrance of the property by the defendant.
Evidence:
The prayer for granting a decree of permanent prohibitory injunction is hereby dismissed.
Documents & Evidence
Document Type:
Demand Notice for Arrear
Submitted By:
Plaintiff
Relevance:
This was included as evidence to support the plaintiff's claims regarding possession and title.
Reference:
Ext.A1
Document Type:
Building Tax Receipt
Submitted By:
Plaintiff
Relevance:
This document serves as evidence of the property tax payments related to the plaint schedule property.
Reference:
Ext.A2
Document Type:
Bill
Submitted By:
Plaintiff
Relevance:
This bill represents an electricity charge, further evidencing the plaintiff's occupation of the property.
Reference:
Ext.A3
Document Type:
Commission Report
Submitted By:
Court
Relevance:
This report was submitted as part of the court's examination of the suit regarding the property.
Reference:
Ext.C1
Document Type:
Rough Sketch
Submitted By:
Court
Relevance:
The rough sketch was prepared to aid in the understanding of the property in question.
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
Claim of title by adverse possession
Case Code
Case between Jacob vs Jetroode regarding declaration of title by adverse possession
Case Code Year
Case between Jacob vs Jetroode regarding declaration of title by adverse possession