Case Summary
This case involves plaintiffs Anju, Vinodkumar, and Ambikavathiyamma against the Kerala State and others regarding a dispute over possession of property and a boundary wall. The plaintiffs claim ownership and seek injunction against the defendants who issued a notice regarding the wall's alleged illegal construction.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Plaintiffs 1 and 2 are declared the absolute owners in possession of the plaint schedule properties and defendants are permanently restrained from trespassing.
Case Type
Civil Suit
Final Judgment
No
The court ruled in favor of the plaintiffs, declaring them as the absolute owners of the property and restraining the defendants from trespassing.
Why Plaintiff Won:
The plaintiffs provided evidence of ownership and lawful possession, which the court found convincing.
The plaintiffs provided evidence of ownership and lawful possession, which the court found convincing.
Losing Side's Weaknesses:
The plaintiffs provided evidence of ownership and lawful possession, which the court found convincing.
The plaintiffs provided evidence of ownership and lawful possession, which the court found convincing.
Supporting Evidence
The plaintiffs maintain that no purambokke land in the A schedule property. Moreover, the plaintiffs applied before the Taluk Surveyor to measure out the plaint schedule property, but has not taken any proceedings.
Judgment Evidence:
In the result, the suit is decreed with costs as follows: 1.It is declared that the plaintiffs 1 and 2 are the absolute owners in possession of the plaint schedule properties by virtue of Ext.A1, Settlement Deed No. 2367/2014 of SRO Eravipuram. 2.The defendants and their men are permanently restrained from trespassing into the plaint schedule property and from causing any damage, obstructions or altering the boundaries in any manner.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Anju
- Party Age
- 34
- Relation
- D/o
- Party Role
- Plaintiff
- Party Name
- Vinodkumar
- Party Age
- 39
- Relation
- S/o
- Party Role
- Plaintiff
- Party Name
- Ambikavathiyamma
- Party Age
- 65
- Relation
- D/o
- Party Role
- Defendant
- Party Name
- Kerala State Rep. by District Collector
- Party Role
- Defendant
- Party Name
- The Taluk Tahasildar (Land Records)
- Party Role
- Defendant
- Party Name
- The Village Officer
- Party Role
- Defendant
- Party Name
- Asst. Executive Engineer
- Party Role
- Defendant
- Party Name
- Robin P. Alex
- Party Age
- 40
Plaintiffs Documents
Settlement Deed No. 2367/2014, Land Tax Receipt dated 08/08/2017, Approved Plan dated 08/06/1993.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Francis Jude Netto
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Shahna Banu.A
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Declaration
Outcome:
Granted
Description:
The plaintiffs are declared as absolute owners in possession of the plaint schedule properties
Evidence:
It is declared that the plaintiffs 1 and 2 are the absolute owners in possession of the plaint schedule properties by virtue of Ext.A1, Settlement Deed No. 2367/2014 of SRO Eravipuram.
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
Defendants are permanently restrained from trespassing into the plaint schedule property and causing any damage
Evidence:
The defendants and their men are permanently restrained from trespassing into the plaint schedule property and from causing any damage, obstructions or altering the boundaries in any manner.
Documents & Evidence
Document Type:
Settlement Deed
Submitted By:
Plaintiff
Relevance:
Establishes the ownership and possession of the plaint schedule property by the plaintiffs
Reference:
Ext.A1
Document Type:
Land Tax Receipt
Submitted By:
Plaintiff
Relevance:
Demonstrates the payment of land tax by the plaintiffs for the property
Reference:
Ext.A2
Document Type:
Approved Plan
Submitted By:
Plaintiff
Relevance:
Indicates that the compound wall was constructed legally with proper approval
Reference:
Ext.A3
Document Type:
Permission letter
Submitted By:
Plaintiff
Relevance:
Confirms that permission was granted for the construction of the compound wall
Reference:
Ext.A4
Document Type:
Building Tax Receipt
Submitted By:
Plaintiff
Relevance:
Evidence of tax payment related to the construction
Reference:
Ext.A5
Document Type:
Receipt from Quilon Development Authority
Submitted By:
Plaintiff
Relevance:
Proof of compliance with legal requirements for construction
Reference:
Ext.A6
Document Type:
Notice
Submitted By:
Plaintiff
Relevance:
Relevant notice concerning the property and its encroachment
Reference:
Ext.A7
Document Type:
Application
Submitted By:
Plaintiff
Relevance:
Application submitted by the plaintiff to the defendants
Reference:
Ext.A8
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Reports prepared by Advocate Commissioner supporting the plaintiffs' claims
Reference:
Ext.C1
Document Type:
Mahazar
Submitted By:
Court
Relevance:
Document detailing the findings of the Advocate Commissioner regarding the property
Reference:
Ext.C1(a)
Document Type:
Survey Plan
Submitted By:
Court
Relevance:
Related to the property showing surveyed boundaries
Reference:
Ext.C1(b)
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Further reports relevant to the plaintiffs' claims
Reference:
Ext.C2
Document Type:
Mahazar
Submitted By:
Court
Relevance:
Additional documentation supporting the court's examination of the property
Reference:
Ext.C2(a)
Case Classification
Case Type
Civil Suit
Category
Property and Possession Disputes
District
Kollam
State
Kerala
Court Establishment
Munsiff Court Kollam
Common Reasons
Unauthorized occupation
Case Code
Case between Anju et al vs Kerala State et al regarding Declaration and Permanent Prohibitory Injunction
Case Code Year
Case between Anju et al vs Kerala State et al regarding Declaration and Permanent Prohibitory Injunction