Case Summary
Antony K.J. filed a suit against Jayaprakash A.R. and Valsamma Jayaprakash for a declaration of possessory rights over a property. The case involves disputes over property boundaries and claims of ownership.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Declaration of possessory right, fixation of boundary, and a permanent prohibitory injunction against the defendants.
Case Type
Civil Suit
Final Judgment
No
The court ruled in favor of the plaintiff, declaring his possessory rights over the property and fixing the northern boundary as requested.
Why Plaintiff Won:
The plaintiff demonstrated possession and the defendants failed to prove their claim to the property.
The plaintiff demonstrated possession and the defendants failed to prove their claim to the property.
Losing Side's Weaknesses:
The plaintiff demonstrated possession and the defendants failed to prove their claim to the property.
The plaintiff demonstrated possession and the defendants failed to prove their claim to the property.
Supporting Evidence
As per the records available before the Court, the plaintiff is in possession of plaint schedule item No.1 property. The defendants have no right over item No.1 property.
Judgment Evidence:
In the result the suit is decreed as follows: 1. A decree is granted declaring the possessory right of plaintiff over plaint schedule item No.1 property. 2. The Northern boundary of the plaint schedule Item No.1 property is fixed through 'MN' line as plotted in Ext.C1(a) plan.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Antony K.J.
- Party Age
- 60
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Jayaprakash A.R.
- Party Age
- 65
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Valsamma Jayaprakash @ Valsa
- Party Age
- 61
- Relation
- W/o
Plaintiffs Documents
Certified copy of sale deed No. 2972/1970, Certified copy of partition deed No. 1258/1962, Certified copy of partition deed No. 1449/1992.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Alex J Edackattu
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Aloysius John Madathinakam
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- K.S. Sajikumar
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Declaration
Outcome:
Granted
Description:
A decree is granted declaring the possessory right of plaintiff over plaint schedule item No.1 property.
Evidence:
A decree is granted declaring the possessory right of plaintiff over plaint schedule item No.1 property.
Relief Type:
Boundary Fixation
Outcome:
Granted
Description:
The Northern boundary of the plaint schedule Item No.1 property is fixed through ‘MN’ line as plotted in Ext.C1(a) plan.
Evidence:
The Northern boundary of the plaint schedule Item No.1 property is fixed through ‘MN’ line as plotted in Ext.C1(a) plan.
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
A decree of permanent prohibitory injunction is granted restraining the defendants from trespassing on the plaint schedule item No.1 property.
Evidence:
A decree of permanent prohibitory injunction is granted restraining the defendants from trespassing on the plaint schedule item No.1 property.
Documents & Evidence
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
Certified copy of the sale deed to establish ownership of the property.
Reference:
Ext.A1
Document Type:
Partition Deed
Submitted By:
Plaintiff
Relevance:
Certified copy of the prior partition deed that relates to the property.
Reference:
Ext.A2
Document Type:
Partition Deed
Submitted By:
Plaintiff
Relevance:
Certified copy of the partition deed establishing ownership.
Reference:
Ext.A3
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Commission report indicating boundaries and condition of the property.
Reference:
Ext.C1
Document Type:
Survey Plan
Submitted By:
Court
Relevance:
Survey plan prepared to delineate the boundary between the properties.
Reference:
Ext.C1(a)
Case Classification
Case Type
Civil Suit
Category
Property and Possession Disputes
District
Kottayam
State
Kerala
Court Establishment
Munsiff Court Kanjirappally
Common Reasons
Case Code
O.S
Case Code Year
2020