Case Summary
Plaintiffs sought boundary fixation and perpetual injunction against the defendant with regard to property obtained via partition deed. Court confirmed plaintiffs' entitlement to relief based on partition deed and lack of clear boundaries.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Fixation of boundary and perpetual injunction
Case Type
Civil Suit - Fixation of Boundary and Perpetual Injunction
Final Judgment
No
The court decreed the suit by fixing the eastern and southern boundaries of the plaintiffs' property and granting perpetual injunction against the defendant from trespassing.
Why Plaintiff Won:
The plaintiffs proved their entitlement based on the partition deed and lack of boundaries demarcating the properties.
The plaintiffs proved their entitlement based on the partition deed and lack of boundaries demarcating the properties.
Losing Side's Weaknesses:
Not available
Not available
Supporting Evidence
As per the partition deed and commissioner's reports, the eastern and southern boundaries of the plaint schedule property were properly identified.
Judgment Evidence:
The suit is decreed as follows: 1. The eastern and southern boundaries of item No. VI property shown by Advocate commissioner in Ext.C6 plan are fixed as eastern and southern boundaries of the plaint schedule property.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Arichali Muhammed's children, Ayishakutty
- Party Age
- 60
- Party Role
- Plaintiff
- Party Name
- Pathummakutty
- Party Age
- 54
- Party Role
- Defendant
- Party Name
- Chinnambat Muhammed's daughter, Aminakutty
- Party Age
- 73
Plaintiffs Documents
Certified Copy of Partition Deed, No. 1328/1969, Tax Receipt etc
Defendants Documents
Settlement Deed, Tax Receipts etc.
Advocates
Reliefs
Relief Type:
Fixation of Boundary
Outcome:
Granted
Description:
Boundary of the plaint schedule property fixed as per commissioner's report.
Evidence:
The eastern and southern boundaries of item No. VI property shown by Advocate commissioner in Ext.C6 plan are fixed as eastern and southern boundaries of the plaint schedule property.
Relief Type:
Perpetual Injunction
Outcome:
Granted
Description:
Defendant restrained from trespassing into plaint schedule property or interfering with the enjoyment of the plaintiffs.
Evidence:
The defendant is restrained by a perpetual injunction from trespassing into the plaint schedule property or causing any interference with the enjoyment of the plaint schedule property by the plaintiffs.
Documents & Evidence
Document Type:
Certified Copy of Partition Deed
Submitted By:
Plaintiff
Relevance:
To establish ownership and partition details.
Reference:
A1
Document Type:
Tax receipt
Submitted By:
Plaintiff
Relevance:
Proof of tax payment for the property.
Reference:
A2
Document Type:
Settlement Deed
Submitted By:
Defendant
Relevance:
Properties settled to defendant's children.
Reference:
B1-B6
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Reports on property identification and boundaries.
Reference:
C1, C3, C5
Case Classification
Case Type
Civil Suit - Fixation of Boundary and Perpetual Injunction
Category
Injunction and Access Rights
District
Malappuram
State
Kerala
Court Establishment
Munsiff Court, Tirur / Rent Control Court
Common Reasons
Partition Deed Dispute
Case Code
Case between Arichali Muhammed's children, Ayishakutty and Pathummakutty vs Chinnambat Muhammed's daughter, Aminakutty regarding partition deed and boundary fixation
Case Code Year
Case between Arichali Muhammed's children, Ayishakutty and Pathummakutty vs Chinnambat Muhammed's daughter, Aminakutty regarding partition deed and boundary fixation