Case Summary
The plaintiff, Kelam veettil Shaiju, is seeking a perpetual prohibitory injunction against the defendants, Vilakkumadathil Sarojini and others, to restrain them from trespassing on his property. The defendants have allegedly attempted to obliterate property boundaries and annex portions of the plaintiff's land.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Perpetual prohibitory injunction against the defendants
Case Type
Original Suit
Final Judgment
No
The court granted the plaintiff's request for a perpetual prohibitory injunction, restraining the defendants from trespassing and obliterating the property boundaries. The defendants' claims were rejected, leading to the dismissal of their counterclaim.
Why Plaintiff Won:
The court found that the plaintiff had established his ownership and possession of the property, and the defendants' actions constituted trespass.
The court found that the plaintiff had established his ownership and possession of the property, and the defendants' actions constituted trespass.
Losing Side's Weaknesses:
Not available
Not available
Supporting Evidence
It is found that there is a cloud on the title of the disputed area 'CHFG' and it is found to be in possession of defendants. Thus a simple suit for injunction as claimed in OS 425/17 will not lie. As the trespass to the plaint schedule property in OS 304/17 is proved and the plaint schedule property is clearly identified, the plaintiff in OS 304/17 is entitled for a decree for perpetual prohibitory injunction.
Judgment Evidence:
In the result, OS 425/17 is dismissed with costs. OS 304/17 is decreed with costs as follows: The defendants and their men are permanently restrained by a decree for perpetual prohibitory injunction from trespassing to plaint schedule property, from obliterating its boundary, from annexing any portion of plaint schedule property to their property and from acting against right and possession of plaintiff in plaint schedule property.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Kelam veettil Shaiju
- Party Age
- 40
- Relation
- S/o.
- Party Role
- Defendant
- Party Name
- Vilakkumadathil Sarojini
- Party Age
- 60
- Relation
- W/o.
- Party Role
- Defendant
- Party Name
- Krishankumar
- Party Age
- 31
- Relation
- S/o.
- Party Role
- Defendant
- Party Name
- Mridula
- Party Age
- 34
- Relation
- D/o.
- Party Role
- Defendant
- Party Name
- Vasutmathy
- Party Age
- 55
- Relation
- W/o.
- Party Role
- Defendant
- Party Name
- Subisha
- Party Age
- 34
- Relation
- W/o.
Plaintiffs Documents
Janmam sale deed No. 2710/83, Janmam sale deed No. 2711/1983, Possession certificate, Land tax receipt
Defendants Documents
Certified copy of purchase deed No. 1236/1952, Certified copy of Janmam sale deed No. 2524/83, Copy of petition filed by Shyju before SHO Mavoor Police station, Settlement deed No. 2109/2005, Janmam sale deed No. 2182/1978, Land tax receipt
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. Prasanth.U
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sri. Sreeraj.P.N
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sneha Jyothi.M
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
Permanently restraining the defendants and their men from trespassing to plaint schedule property and from obliterating its boundary.
Evidence:
The defendants and their men are permanently restrained by a decree for perpetual prohibitory injunction from trespassing to plaint schedule property, from obliterating its boundary, from annexing any portion of plaint schedule property to their property and from acting against right and possession of plaintiff in plaint schedule property.
Relief Type:
Permanent Injunction
Outcome:
Refused
Description:
In OS 425/17, the claim for injunction to restrain the defendants from trespassing and obliterating the boundaries was denied.
Evidence:
OS 425/17 is dismissed with costs.
Documents & Evidence
Document Type:
Janmam sale deed
Submitted By:
Plaintiff
Relevance:
Proves ownership of the plaint schedule property.
Reference:
Ext.A1
Document Type:
Janmam sale deed
Submitted By:
Plaintiff
Relevance:
Confirms the settlement of the plaint schedule property.
Reference:
Ext.A2
Document Type:
Possession Certificate
Submitted By:
Plaintiff
Relevance:
Establishes the possession of the plaint schedule property.
Reference:
Ext.A3
Document Type:
Land Tax Receipt
Submitted By:
Plaintiff
Relevance:
Supports the claim of ownership through tax records.
Reference:
Ext.A4
Document Type:
Land Tax Receipt
Submitted By:
Plaintiff
Relevance:
Further supports the ownership through tax documentation.
Reference:
Ext.A5
Document Type:
Certified copy of purchase deed
Submitted By:
Defendant
Relevance:
Documents prior ownership related to the dispute.
Reference:
Ext.B1
Document Type:
Certified copy of Janmam sale deed
Submitted By:
Defendant
Relevance:
Indicates ownership claims by the defendants.
Reference:
Ext.B2
Document Type:
Petition filed
Submitted By:
Defendant
Relevance:
Relates to the actions taken by the defendant regarding property.
Reference:
Ext.B3
Document Type:
Settlement Deed
Submitted By:
Defendant
Relevance:
Establishes the claim of ownership and prior right by defendants.
Reference:
Ext.B4
Document Type:
Janmam sale deed
Submitted By:
Defendant
Relevance:
Shows ownership history relevant to the property dispute.
Reference:
Ext.B5
Document Type:
Land Tax Receipt
Submitted By:
Defendant
Relevance:
Supports the defendants' claim of ownership through tax payment.
Reference:
Ext.B6
Document Type:
Land Tax Receipt
Submitted By:
Defendant
Relevance:
Further establishes tax records related to property ownership.
Reference:
Ext.B7
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Provides findings regarding the property boundaries.
Reference:
Ext.C1
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Details evidence related to the property boundaries.
Reference:
Ext.C2
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Further assessment of property boundaries in dispute.
Reference:
Ext.C3
Case Classification
Case Type
Original Suit
Category
Other Civil Cases
District
Kozhikode
State
Kerala
Court Establishment
Munsiff Court 2 Kozhikode
Common Reasons
Case Code
Case between Kelam veettil Shaiju vs Vilakkumadathil Sarojini et al regarding injunction
Case Code Year
Case between Kelam veettil Shaiju vs Vilakkumadathil Sarojini et al regarding injunction