Case Summary
The plaintiffs, including siblings and their children, are involved in a case against government officials regarding the ownership and use of certain properties. They seek protection against encroachment by government entities.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Permanent prohibitory injunction granted against forceful encroachment into the plaint schedule properties.
Case Type
Civil Suit
Final Judgment
No
The plaintiffs were declared the absolute owners in possession of the relevant properties and granted permanent prohibitory injunction against the defendants.
Why Plaintiff Won:
Plaintiffs established ownership and possession over the properties through unchallenged evidence.
Plaintiffs established ownership and possession over the properties through unchallenged evidence.
Losing Side's Weaknesses:
Plaintiffs established ownership and possession over the properties through unchallenged evidence.
Plaintiffs established ownership and possession over the properties through unchallenged evidence.
Supporting Evidence
Through the unchallenged oral and documentary evidence adduced by the plaintiffs, the plaintiffs have established their case.
Judgment Evidence:
In the result, the suit is decreed as follows: 1. It is hereby declared that the plaintiffs are the absolute owners in possession of the plaint A, B1, C, D and E schedule properties. 2. A permanent prohibitory injunction is granted in favour of the plaintiffs and the defendants are restrained from forcefully encroaching into the plaint A, B1, C, D and E schedule properties.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Mohanachandran Nair
- Party Age
- 64
- Relation
- S/o
- Party Role
- Plaintiff
- Party Name
- Madusoodhanan Nair
- Party Age
- 69
- Relation
- S/o
- Party Role
- Plaintiff
- Party Name
- Minu. M.R.
- Party Age
- 30
- Relation
- D/o
- Party Role
- Plaintiff
- Party Name
- Daisy
- Party Age
- 38
- Relation
- D/o
- Party Role
- Plaintiff
- Party Name
- Anila
- Party Age
- 39
- Relation
- D/o
- Party Role
- Defendant
- Party Name
- Kerala State Government
- Relation
- Represented by
- Party Role
- Defendant
- Party Name
- District collector
- Party Role
- Defendant
- Party Name
- Tahasildhar (LR)
- Party Role
- Defendant
- Party Name
- Village officer
- Party Role
- Defendant
- Party Name
- Secretary, P.W.D.
Plaintiffs Documents
Copy of suit notice dated 18/10/2021, Certified copies of sale deeds and settlement deeds, Tax receipts.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. F. Nahas
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Smt. M. M. Fathima
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Declaration
Outcome:
Granted
Description:
It is hereby declared that the plaintiffs are the absolute owners in possession of the plaint A, B1, C, D and E schedule properties.
Evidence:
the plaintiffs are entitled to get a decree of declaration and permanent prohibitory injunction.
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
A permanent prohibitory injunction is granted restraining the defendants from forcefully encroaching into the plaint schedule properties.
Evidence:
the defendants are restrained from forcefully encroaching into the plaint A, B1, C, D and E schedule properties.
Documents & Evidence
Document Type:
Suit Notice
Submitted By:
Plaintiff
Relevance:
Copy of suit notice dated 18.10.2021.
Reference:
Ext.A1
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
Certified copy of sale deed no. 5048/1981 of S.R.O, Varkala.
Reference:
Ext.A2
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
Certified copy of sale deed no. 5053/1981 of S.R.O, Varkala.
Reference:
Ext.A3
Document Type:
Settlement Deed
Submitted By:
Plaintiff
Relevance:
Certified copy of settlement deed no. 3655/2012 of S.R.O, Varkala.
Reference:
Ext.A4
Document Type:
Settlement Deed
Submitted By:
Plaintiff
Relevance:
Certified copy of settlement deed no. 3457/2013 of S.R.O, Varkala.
Reference:
Ext.A5
Document Type:
Settlement Deed
Submitted By:
Plaintiff
Relevance:
Certified copy of settlement deed no. 2905/2009 of S.R.O, Varkala.
Reference:
Ext.A6
Document Type:
Tax receipt
Submitted By:
Plaintiff
Relevance:
Tax receipt dated 02.03.2021.
Reference:
Ext.A7
Document Type:
Tax receipt
Submitted By:
Plaintiff
Relevance:
Tax receipt dated 11.05.2020.
Reference:
Ext.A8
Document Type:
Tax receipt
Submitted By:
Plaintiff
Relevance:
Tax receipt dated 11.05.2020.
Reference:
Ext.A9
Document Type:
Tax receipt
Submitted By:
Plaintiff
Relevance:
Tax receipt dated 06.10.2021.
Reference:
Ext.A10
Document Type:
Tax receipt
Submitted By:
Plaintiff
Relevance:
Tax receipt dated 01.06.2013.
Reference:
Ext.A11
Document Type:
Tax receipt
Submitted By:
Plaintiff
Relevance:
Tax receipt dated 17.09.2010.
Reference:
Ext.A12
Document Type:
Tax receipt
Submitted By:
Plaintiff
Relevance:
Tax receipt dated 01.06.2013.
Reference:
Ext.A13
Document Type:
Tax receipt
Submitted By:
Plaintiff
Relevance:
Tax receipt dated 29.06.2009.
Reference:
Ext.A14
Document Type:
Postal Receipts
Submitted By:
Plaintiff
Relevance:
Postal receipts (11 in nos.).
Reference:
Ext.A15(series)
Document Type:
Postal Acknowledgment Cards
Submitted By:
Plaintiff
Relevance:
Postal acknowledgment cards (11 in nos.).
Reference:
Ext.A16(series)
Document Type:
Judgment
Submitted By:
Plaintiff
Relevance:
Copy of Judgment in O.S.275/2006.
Reference:
Ext.A17
Document Type:
Reply
Submitted By:
Plaintiff
Relevance:
Copy of reply of Tahasildar, Varkala dated 16.11.2021.
Reference:
Ext.A18
Document Type:
Complaint
Submitted By:
Plaintiff
Relevance:
Copy of complaint and receipt.
Reference:
Ext.A19
Document Type:
Photographs
Submitted By:
Plaintiff
Relevance:
Photographs (4 in nos.).
Reference:
Ext.A20(series)
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Commission report filed by the Adv. Commissioner.
Reference:
Ext.C1
Case Classification
Case Type
Civil Suit
Category
Property and Possession Disputes
District
Thiruvananthapuram
State
Kerala
Court Establishment
Munsiffs Court, Varkala
Common Reasons
Property ownership dispute
Case Code
Case between Mohanachandran Nair et al vs Kerala State Government et al regarding declaration and permanent prohibitory injunction.
Case Code Year
Case between Mohanachandran Nair et al vs Kerala State Government et al regarding declaration and permanent prohibitory injunction.