Case Summary
The plaintiffs, Thottathil Pachukutty et al, claim ownership over a property from which the defendant, Thottathil Sulochana, allegedly encroached and constructed a house illegally. The case involves disputes over property boundaries and title.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Recovery of possession of plaint B schedule property and a mandatory injunction to demolish the portion of the building constructed by the first defendant.
Case Type
Civil Suit
Final Judgment
No
The court found in favor of the plaintiffs, allowing their claim for possession of the property and ordering the demolition of the unauthorized construction by the defendant.
Why Plaintiff Won:
The plaintiffs provided valid title over the property and established unauthorized encroachment by the defendant.
The plaintiffs provided valid title over the property and established unauthorized encroachment by the defendant.
Losing Side's Weaknesses:
The plaintiffs provided valid title over the property and established unauthorized encroachment by the defendant.
The plaintiffs provided valid title over the property and established unauthorized encroachment by the defendant.
Supporting Evidence
The advocate commissioner has clearly identified plaint schedule in Ext C2(a) plan as GNQ) F based on Ext A1 and it is found to be in possession of first defendant who have encroached upon it.
Judgment Evidence:
In the result, the suit decreed as follows: 1) The plaintiffs are entitled to recover possession of plaint B schedule property shown as plot "GNQ) F" in Ext.C2(a) plan from the first defendants, based on their established title under Ext. A1. 2) The first defendant is directed by way of mandatory injunction to demolish the portion of the building constructed by her upon the plaint B schedule property.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Thottathil Pachukutty
- Party Age
- 65
- Relation
- S/o
- Party Role
- Plaintiff
- Party Name
- Byju
- Party Age
- 37
- Relation
- S/o
- Party Role
- Plaintiff
- Party Name
- Shyju
- Party Age
- 35
- Relation
- S/o
- Party Role
- Plaintiff
- Party Name
- Vijila
- Party Age
- 33
- Relation
- D/o
- Party Role
- Defendant
- Party Name
- Thottathil Sulochana
- Party Age
- 48
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Kakkodi Gramapanchayath
- Relation
- Represented by
Plaintiffs Documents
Certified copy of Jenmam Assignment Deed No.383/1984, Stop memo issued by Kakkodi Grama Panchayath, Copy of lawyer notice issued by Adv. A.J. Emmanual.
Defendants Documents
Building Tax receipts issued by Kakkodi Grama Panchayath.
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Emmanual A.J.
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Tenison Thomas
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Shruthi K.
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sivanandan C.T.
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Anooj A.
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Vinod Singh Cheriyan
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- T.M. Khalid
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Saranya O.
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sruthi C.M.
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Possession
Outcome:
Granted
Description:
Plaintiffs are entitled to recover possession of plaint B schedule property.
Evidence:
The plaintiffs have valid title over plaint B schedule property by virtue of Ext A1.
Relief Type:
Mandatory Injunction
Outcome:
Granted
Description:
Mandatory injunction directing the first defendant to demolish the portion of the building constructed by her upon the plaint B schedule property.
Evidence:
The upshot of the above discussion is that the plaintiff has proved that he is entitled to recover possession...
Documents & Evidence
Document Type:
Jenmam assignment deed
Submitted By:
Plaintiff
Relevance:
Establishes ownership of the plaint A schedule property by the plaintiff.
Reference:
Ext.A1
Document Type:
Building Tax Receipt
Submitted By:
Defendant
Relevance:
Documents tax payments made by the defendant for the property in question.
Reference:
Ext.B1 series
Document Type:
Stop Memo
Submitted By:
Plaintiff
Relevance:
Issued by Kakkodi Grama Panchayat in response to illegal construction by the defendant.
Reference:
Ext.A3
Document Type:
Lawyer Notice
Submitted By:
Plaintiff
Relevance:
Notifies the Kakkodi Grama Panchayat regarding the illegal construction and demands action.
Reference:
Ext.A4
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Provides findings regarding the encroachment and property identification by the Advocate Commissioner.
Reference:
Ext.C1
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Details the encroachment and provides a survey plan for the property in question.
Reference:
Ext.C2
Document Type:
Survey Plan
Submitted By:
Court
Relevance:
Identifies the plaint B schedule property and its relationship to adjacent properties.
Reference:
Ext.C2(a)
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 Thottathil Pachukutty et al vs Thottathil Sulochana et al regarding recovery of possession of immovable property and mandatory injunction.
Case Code Year
Case between Thottathil Pachukutty et al vs Thottathil Sulochana et al regarding recovery of possession of immovable property and mandatory injunction.