Case Summary
Mallika and others filed a suit against the Kerala State seeking a declaration of ownership and a permanent injunction concerning a property. The plaintiffs claim that their father had established ownership over the property, and despite their attempts to pay the taxes, the defendants have failed to acknowledge their rights.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The court granted a declaration of ownership and a permanent prohibitory injunction against the defendants.
Case Type
Original Suit
Final Judgment
No
The court declared that the second plaintiff and additional plaintiffs are the absolute owners of the property and permanently restrained the defendants from encroaching on it. The defendants were also ordered to accept tax payments for the property.
Why Plaintiff Won:
The court found that the plaintiffs have established their ownership and possession of the property.
The court found that the plaintiffs have established their ownership and possession of the property.
Losing Side's Weaknesses:
The court found that the plaintiffs have established their ownership and possession of the property.
The court found that the plaintiffs have established their ownership and possession of the property.
Supporting Evidence
The court is of the view that based on the above discussion, plaintiffs are entitled to get a decree in their favour. So they are entitled to get a declaration and permanent prohibitory injunction restraining the defendants from encroaching into the plaint schedule property and further entitled to get a mandatory injunction directing the defendants to accept tax for the property owned and possessed by the plaintiffs.
Judgment Evidence:
In the result, the suit is decreed as follows:- 1. It is hereby declare that the second plaintiff and additional plaintiffs 3 and 4 are the absolute owners and in possession of the plaint schedule property. 2. A permanent prohibitory injunction is granted in favour of the second plaintiff and additional plaintiffs 3 and 4 and the defendants are restrained from encroaching into plaint schedule property and committing any act of waste therein.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Mallika
- Party Age
- 55
- Relation
- D/o
- Party Role
- Plaintiff
- Party Name
- Chandran
- Party Age
- 57
- Relation
- S/o
- Party Role
- Plaintiff
- Party Name
- Manju
- Party Age
- 32
- Relation
- D/o
- Party Role
- Plaintiff
- Party Name
- Manu
- Party Age
- 31
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Kerala State represented by District Collector
- Party Role
- Defendant
- Party Name
- Tahasildar
- Party Role
- Defendant
- Party Name
- Village Officer
- Party Role
- Defendant
- Party Name
- Village Officer
Plaintiffs Documents
Kudikidappu certificate O.A 461/1970 dated 15/10/1973, Tax receipt dated 05/05/1981, Report issued by the Additional Tahsildar, Encumbrance certificate
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. G. Dharmarajan
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sri. Niyas. A. Salam
- Appearance Type
- Main Counsel
- Law Firm
- Government works at the Munsiff court center, Varkala
Reliefs
Relief Type:
Declaration
Outcome:
Granted
Description:
Declaration of the ownership and possession of the plaint schedule property.
Evidence:
It is hereby declared that the second plaintiff and additional plaintiffs 3 and 4 are the absolute owners and in possession of the plaint schedule property.
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
Prohibitory injunction against the defendants from encroaching into the plaint schedule property.
Evidence:
A permanent prohibitory injunction is granted in favour of the second plaintiff and additional plaintiffs 3 and 4 and the defendants are restrained from encroaching into plaint schedule property.
Relief Type:
Mandatory Injunction
Outcome:
Granted
Description:
Mandatory injunction directing defendants to accept tax for the plaint schedule property.
Evidence:
The defendants are hereby directed to accept tax for the plaint schedule property within thirty days from the date of this decree.
Documents & Evidence
Document Type:
Kudikidappu Certificate
Submitted By:
Plaintiff
Relevance:
This document establishes the plaintiffs' father's right over 7 cents of property.
Reference:
Ext.A1
Document Type:
Tax receipt
Submitted By:
Plaintiff
Relevance:
This document shows that the father of the plaintiffs remitted tax for the property.
Reference:
Ext.A2
Document Type:
Report issued by the Additional Tahsildar
Submitted By:
Plaintiff
Relevance:
This report indicates that the land tax could not be accepted until the resurvey is finalized.
Reference:
Ext.A3
Document Type:
Encumbrance certificate
Submitted By:
Plaintiff
Relevance:
This document confirms that there are no encumbrances on the property.
Reference:
Ext.A4
Document Type:
Report issued by the Village Officer
Submitted By:
Plaintiff
Relevance:
This report states that the thandaper register was lost due to wear and tear.
Reference:
Ext.A5
Case Classification
Case Type
Original Suit
Category
Other Civil Cases
District
Thiruvananthapuram
State
Kerala
Court Establishment
Munsiffs Court, Varkala
Common Reasons
Case Code
O.S
Case Code Year
2018