Case Summary
The case involves the plaintiff, Arathy Mohan, claiming ownership of certain properties against the defendants, including Boban Charlse and Nitha Charlse. The suit seeks declaration of ownership, boundary fixation, recovery of possession, and injunction against trespass.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Plaintiff is entitled to realize costs of the suit from the defendants.
Case Type
Civil Suit
Final Judgment
No
The court declared the plaintiff as the absolute owner of the plaint A and B schedule properties, fixed the boundary, and restrained the defendants from trespassing or causing damage to the properties.
Why Plaintiff Won:
Plaintiff succeeded in proving ownership through relevant documents and evidence.
Plaintiff succeeded in proving ownership through relevant documents and evidence.
Losing Side's Weaknesses:
Plaintiff succeeded in proving ownership through relevant documents and evidence.
Plaintiff succeeded in proving ownership through relevant documents and evidence.
Supporting Evidence
By producing Exts. A1 to A10, and Ext. C1 series to Ext. C3 series and by deposing in tune with the plaint averments in the affidavit, the plaintiff has succeeded in proving her case. Moreover, there is no evidence to rebut the evidence adduced on the side of the plaintiff.
Judgment Evidence:
In the result, this suit is decreed in part as follows: (i) It is hereby declared that the plaintiff is the absolute owner in possession of plaint A and B Schedule properties. (ii) The boundary of southern side of plaint B schedule property is fixed through line FGM as shown in Ext.C2(b) plan. (iii) The defendants and their men are restrain from trespassing into the plaint A and B schedule property or encroaching or causing damage therein.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Arathy Mohan
- Party Age
- 28
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Boban Charlse
- Party Age
- 39
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Nitha Charlse
- Party Age
- 33
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Charlse @ Charli
- Party Age
- 70
- Party Role
- Defendant
- Party Name
- Vijayan Pillai
- Party Age
- 59
- Relation
- S/o
Plaintiffs Documents
Power of attorney dated 18/05/2019, Settlement deed No. 1614/2012 of Kundara SRO, Land tax receipt dated 17/05/2019, Certified copy of Gift deed No. 3390/1955 of Kundara SRO, Certified copy of Sale deed No. 4381/1962 of Kundara SRO.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- George Mathew.S.
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- K. Ratnakumar
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- R. Rajesh Varkala
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Declaration
Outcome:
Granted
Description:
Declaration of plaintiff as the absolute owner in possession of plaint A and B Schedule properties.
Evidence:
It is hereby declared that the plaintiff is the absolute owner in possession of plaint A and B Schedule properties.
Relief Type:
Other
Outcome:
Granted
Description:
Fixation of boundary for the B schedule property.
Evidence:
The boundary of southern side of plaint B schedule property is fixed through line FGM as shown in Ext.C2(b) plan.
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
Defendants are restrained from trespassing into plaint A and B schedule properties.
Evidence:
The defendants and their men are restrain from trespassing into the plaint A and B schedule property or encroaching or causing damage therein.
Relief Type:
Other
Outcome:
Granted
Description:
Plaintiff is entitled to realize costs of the suit from the defendants.
Evidence:
The plaintiff is entitled to realise costs of the suit from the defendants.
Documents & Evidence
Document Type:
Power of Attorney
Submitted By:
Plaintiff
Relevance:
This document establishes the authority of S. Sunilkumar to represent the plaintiff.
Reference:
Ext.A1
Document Type:
Settlement Deed
Submitted By:
Plaintiff
Relevance:
This deed confirms the plaintiff's ownership of the plaint A and B schedule properties.
Reference:
Ext.A2
Document Type:
Land Tax Receipt
Submitted By:
Plaintiff
Relevance:
This receipt is evidence of the plaintiff paying land tax for the property.
Reference:
Ext.A3
Document Type:
Certified Copy of Gift Deed
Submitted By:
Plaintiff
Relevance:
This document verifies the grand mother's ownership of 40 cents of property.
Reference:
Ext.A4
Document Type:
Certified copy of Sale Deed
Submitted By:
Plaintiff
Relevance:
This deed establishes the grandfather's purchase of 5 cents of property.
Reference:
Ext.A5
Document Type:
Certified Copy of Settlement Deed
Submitted By:
Plaintiff
Relevance:
This document pertains to the settlement deed concerning the distribution of property.
Reference:
Ext.A6
Document Type:
Certified Copy of Settlement Deed
Submitted By:
Plaintiff
Relevance:
This document is related to prior transactions for property mentioned.
Reference:
Ext.A7
Document Type:
Certified Copy of Settlement Deed
Submitted By:
Plaintiff
Relevance:
This deed records the property transfer to the fourth defendant.
Reference:
Ext.A8
Document Type:
Complaint
Submitted By:
Plaintiff
Relevance:
This document includes the plaintiff's complaint regarding the trespass.
Reference:
Ext.A9
Document Type:
CD and Photographs
Submitted By:
Plaintiff
Relevance:
These materials support the plaintiff's claim regarding the property and encroachment.
Reference:
Ext.A10
Document Type:
Commission Report
Submitted By:
Court
Relevance:
These reports provide expert findings related to the property dispute.
Reference:
Ext.C1 series
Document Type:
Commission Report
Submitted By:
Court
Relevance:
This report offers further expert evaluation related to the case.
Reference:
Ext.C2 series
Document Type:
Commission Report
Submitted By:
Court
Relevance:
This report provides additional evidence and findings from the court's appointed commissioner.
Reference:
Ext.C3 series
Case Classification
Case Type
Civil Suit
Category
Property and Possession Disputes
District
Kollam
State
Kerala
Court Establishment
Munsiff Court Kollam
Common Reasons
Declaration of ownership
Case Code
Case between Arathy Mohan vs Boban Charlse et al regarding declaration, fixation of boundary, recovery of possession and permanent prohibitory injunction.
Case Code Year
Case between Arathy Mohan vs Boban Charlse et al regarding declaration, fixation of boundary, recovery of possession and permanent prohibitory injunction.