Case Summary
The plaintiffs, P.Premi and Sunila, seek recovery of possession and a mandatory injunction against the defendants, M.Rijeesh and others, who have allegedly encroached upon their property. The court found that the defendants had constructed structures on the plaintiffs' land without permission.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The defendants are ordered to surrender vacant possession of the plaint B and C schedule properties, demolish the compound walls, and are restrained from trespassing.
Case Type
Civil Suit
Final Judgment
No
The court decreed the suit in favor of the plaintiffs, ordering the defendants to surrender possession of the encroached properties and demolish any unauthorized structures.
Why Plaintiff Won:
The plaintiffs provided evidence of title over the property and the defendants failed to challenge this effectively.
The plaintiffs provided evidence of title over the property and the defendants failed to challenge this effectively.
Losing Side's Weaknesses:
The plaintiffs provided evidence of title over the property and the defendants failed to challenge this effectively.
The plaintiffs provided evidence of title over the property and the defendants failed to challenge this effectively.
Supporting Evidence
The evidence of PW1 stands unchallenged and unrebutted. Hence I find that the plaintiffs are entitled for the reliefs as prayed for.
Judgment Evidence:
In the result, the suit is decreed as follows: 1. The defendant No. 1,10 & 11 are hereby ordered to surrender the vacant possession of plaint B schedule property to the plaintiffs within one month from today failing which the plaintiffs are at liberty to execute the order with the assistance of the court.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- P.Premi
- Party Age
- 59
- Relation
- W/o
- Party Role
- Plaintiff
- Party Name
- Sunila
- Party Age
- 37
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- M.Rijeesh
- Party Age
- 30
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Sarojini
- Party Age
- 81
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Pushpalatha
- Party Age
- 64
- Relation
- D/o
- Party Role
- Defendant
- Party Name
- Mohandas
- Party Age
- 62
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Kanjana
- Party Age
- 60
- Relation
- D/o
Plaintiffs Documents
Certified copies of various Janmam assignment deeds and land tax receipts.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri.Ullas.C
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Order to surrender possession of plaint B schedule property to the plaintiffs.
Evidence:
The defendant No. 1,10 & 11 are hereby ordered to surrender the vacant possession of plaint B schedule property to the plaintiffs within one month from today.
Relief Type:
Recovery
Outcome:
Granted
Description:
Order to surrender possession of plaint C schedule property to the plaintiffs.
Evidence:
The defendant No. 2 to 9 are hereby ordered to surrender the vacant possession of plaint C schedule property to the plaintiffs within one month from today.
Relief Type:
Mandatory Injunction
Outcome:
Granted
Description:
Order for demolition of compound wall on plaint B schedule property.
Evidence:
The defendants Nos. 1,10 & 11 are hereby directed by way of mandatory injunction to demolish the compound wall on plaint B schedule property.
Relief Type:
Mandatory Injunction
Outcome:
Granted
Description:
Order for demolition of compound wall on plaint C schedule property.
Evidence:
The defendants Nos. 2 to 9 are hereby directed by way of mandatory injunction to demolish the compound wall on plaint C schedule property.
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
Permanent prohibitory injunction restraining defendants from trespassing into plaint A schedule property.
Evidence:
The defendants are hereby restrained by way of a permanent prohibitory injunction from trespassing into the plaint A schedule property.
Documents & Evidence
Document Type:
Partition Deed
Submitted By:
Plaintiff
Relevance:
Certified copy of partition deed showing ownership of the plaint A schedule property.
Reference:
Ext.A1
Document Type:
Janmam Assignment Deed
Submitted By:
Plaintiff
Relevance:
Certified copy of Janmam assignment deed executed in favour of Govindhan.
Reference:
Ext.A2
Document Type:
Janmam Assignment Deed
Submitted By:
Plaintiff
Relevance:
Certified copy of Janmam assignment deed executed in favour of P.J.Mathew.
Reference:
Ext.A3
Document Type:
Janmam Assignment Deed
Submitted By:
Plaintiff
Relevance:
Certified copy of Janmam assignment deed executed in favour of Samikutty.
Reference:
Ext.A4
Document Type:
Janmam Assignment Deed
Submitted By:
Plaintiff
Relevance:
Certified copy of Janmam assignment deed executed in favour of Sunila.
Reference:
Ext.A5
Document Type:
Land Tax Receipt
Submitted By:
Plaintiff
Relevance:
Land tax receipt issued in the name of Premi and another showing tax payment for property.
Reference:
Ext.A6
Document Type:
Land Tax Receipt
Submitted By:
Plaintiff
Relevance:
Land tax receipt issued in the name of Premi and another showing tax payment for property.
Reference:
Ext.A7
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Report and sketch submitted by Adv. Commissioner P.M. Athira regarding property encroachment.
Reference:
Ext.C1
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Report and sketch submitted by Adv. Commissioner Rajisha.O regarding property encroachment.
Reference:
Ext.C2
Document Type:
Survey Plan
Submitted By:
Court
Relevance:
Surveyors plan showing the measurement and encroachment details of the property.
Reference:
Ext.C2(a)
Document Type:
Commission sketch
Submitted By:
Court
Relevance:
Advocate Commissioner's sketch providing details of the property.
Reference:
Ext.C2(b)
Case Classification
Case Type
Civil Suit
Category
Property and Possession Disputes
District
Kozhikode
State
Kerala
Court Establishment
Munsiff Court 1 Kozhikode
Common Reasons
Unauthorized occupation
Case Code
Case between P.Premi et al vs M.Rijeesh et al regarding recovery of possession and consequential injunction.
Case Code Year
Case between P.Premi et al vs M.Rijeesh et al regarding recovery of possession and consequential injunction.