Case Summary
This case involves plaintiffs Joseph Ben and Johnson Ben seeking a declaration of ownership and recovery of possession of land encroached by defendant Lissy Fernanndez. The plaintiffs claim title over the property and seek to demolish unlawful constructions made by the defendant.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The plaintiff is allowed to recover the portion of plaint B schedule property from the defendant and to demolish the unlawful construction therein and to put up boundary in plaint A schedule property.
Case Type
Civil Suit
Final Judgment
No
The court ruled in favor of the plaintiffs, declaring that the portion of the land claimed as plaint B schedule property is part of the plaint A schedule property. The plaintiffs are entitled to recover possession of this land and demolish any unlawful constructions by the defendant.
Why Plaintiff Won:
The evidence presented by the plaintiffs was found credible and unchallenged.
The evidence presented by the plaintiffs was found credible and unchallenged.
Losing Side's Weaknesses:
The evidence presented by the plaintiffs was found credible and unchallenged.
The evidence presented by the plaintiffs was found credible and unchallenged.
Supporting Evidence
From the available evidence, the plaintiff could establish his title and possession over plaint A schedule property inclusive of plaint B schedule property. The evidence of plaintiff remains unchallenged. There is no reason to disbelieve PW1.
Judgment Evidence:
In the result, the suit is decreed with costs as follows:- 1) It is declared that B schedule to the extent described in Ext.C1 and C1(a) is part of plaint A schedule property and plaintiff is allowed to recover the portion of plaint B schedule property from the defendant and to demolish the unlawful construction therein and to put up boundary in plaint A schedule property.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Joseph Ben
- Party Age
- 39
- Relation
- S/o
- Party Role
- Plaintiff
- Party Name
- Johnson Ben
- Party Age
- 33
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Lissy Fernanndez
- Party Age
- 35
- Relation
- D/o
Plaintiffs Documents
Certified copy of settlement deed No.1322/1999 of Kazhakuttom SRO, Tax receipt dated 06/07/2007, Copy of judgment in OS.1504/2004 of the Additional Munsiff Court, Thiruvanthapuram.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. C.R. Sudheesh
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Declaration
Outcome:
Granted
Description:
Declaration that B schedule property is part of A schedule property.
Evidence:
It is declared that B schedule to the extent described in Ext.C1 and C1(a) is part of plaint A schedule property.
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff is allowed to recover the portion of plaint B schedule property from the defendant.
Evidence:
plaintiff is allowed to recover the portion of plaint B schedule property from the defendant.
Relief Type:
Mandatory Injunction
Outcome:
Granted
Description:
Demolition of the unlawful construction in plaint B schedule property.
Evidence:
to demolish the unlawful construction therein.
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
Putting up a boundary in plaint A schedule property.
Evidence:
to put up boundary in plaint A schedule property.
Documents & Evidence
Document Type:
Settlement Deed
Submitted By:
Plaintiff
Relevance:
This document serves as proof of ownership of the land in question.
Reference:
Ext.A1
Document Type:
Tax receipt
Submitted By:
Plaintiff
Relevance:
Tax receipt indicating payment related to the property.
Reference:
Ext.A2
Document Type:
Judgment Copy
Submitted By:
Plaintiff
Relevance:
This judgment provides context to the previous ownership and recovery of the property.
Reference:
Ext.A3
Document Type:
Decree
Submitted By:
Plaintiff
Relevance:
Decree related to the recovery of the encroached property.
Reference:
Ext.A4
Document Type:
Plan and Rough Sketch
Submitted By:
Plaintiff
Relevance:
This document evidences the encroachment in the plaint A schedule property.
Reference:
Ext.A5
Document Type:
Letter from Additional Tahasildar
Submitted By:
Plaintiff
Relevance:
Letter indicating attempts to measure the properties.
Reference:
Ext.A6
Document Type:
Tax receipt
Submitted By:
Plaintiff
Relevance:
Another tax receipt relevant to the property ownership.
Reference:
Ext.A7
Document Type:
Commission Report
Submitted By:
Court
Relevance:
This report states the findings of the advocate commissioner regarding the encroachment.
Reference:
Ext.C1
Document Type:
Plan
Submitted By:
Court
Relevance:
This plan illustrates the property boundaries and the encroached area.
Reference:
Ext.C1(a)
Case Classification
Case Type
Civil Suit
Category
Property and Possession Disputes
District
Thiruvananthapuram
State
Kerala
Court Establishment
Munsiff Court Thiruvananthapuram
Common Reasons
Case Code
Case between Joseph Ben et al vs Lissy Fernanndez regarding declaration, recovery of possession and putting up of boundary.
Case Code Year
Case between Joseph Ben et al vs Lissy Fernanndez regarding declaration, recovery of possession and putting up of boundary.