Case Summary
Asya and C. K. Sahad, siblings, are involved in a dispute regarding the encroachment of property. The plaintiff, Asya, claims that the defendant has unlawfully constructed on her property.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Permanent prohibitory injunction and recovery of encroached property
Case Type
Civil Suit
Final Judgment
No
The court ruled in favor of the plaintiff, granting a permanent prohibitory injunction against the defendant's encroachment and ordering the removal of illegal construction.
Why Plaintiff Won:
The construction was found to be encroaching upon the plaintiff's property.
The construction was found to be encroaching upon the plaintiff's property.
Losing Side's Weaknesses:
The construction was found to be encroaching upon the plaintiff's property.
The construction was found to be encroaching upon the plaintiff's property.
Supporting Evidence
The construction affected by the defendant encroaching the portion of the plaint A schedule property is not in accordance with proper plan and permit from the panchayath.
Judgment Evidence:
In the result, the suit is decreed with costs as follows: 1. The defendant, his men or agents are restrained by a decree of permanent prohibitory injunction from trespassing into the plaint schedule property and from effecting any constructions therein.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Asya
- Party Age
- 60
- Relation
- D/o
- Party Role
- Defendant
- Party Name
- C. K. Sahad
- Party Age
- 45
- Relation
- S/o
Plaintiffs Documents
Gift Deed No. 348/1981, Certified copy of Assignment Deed No. 405/2007, Basic Tax Receipt issued by Village Officer, Purameri to Asya.
Defendants Documents
Receipt No. 1250967 issued by K.S.E.B to Sahad, Building Tax Receipt issued by Purameri Grama Panchayath to Sahad.
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. Akhilesh. P. T
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Sri. I. Rajan
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- Sri. K. Lalmohan
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Smt. Arshina Nanu. K
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
Restraining the defendant from trespassing or making construction in the plaint A schedule property.
Evidence:
The defendant, his men or agents are restrained by a decree of permanent prohibitory injunction from trespassing into the plaint schedule property and from effecting any constructions therein.
Relief Type:
Fixation of Boundary
Outcome:
Granted
Description:
Fixing the east northern portion of the plaint A schedule property.
Evidence:
The east northern portion of the plaint A schedule property is fixed based on the title deed and Ext.C2(a) plan.
Relief Type:
Recovery
Outcome:
Granted
Description:
Recovery of the encroached C schedule property from the defendant.
Evidence:
The plaintiff is entitled to recover the Orange colored portion which is shown as ‘B’ in C2(a) plan which is the C schedule from the defendant based on the title deed.
Relief Type:
Mandatory Injunction
Outcome:
Granted
Description:
Directing the defendant to remove the illegal constructions in plaint C schedule.
Evidence:
A mandatory injunction is passed directing the defendant to remove the illegal constructions effected in plaint C schedule and to restore the plaint A schedule property into its original position within a period of 1 month.
Documents & Evidence
Document Type:
Gift Deed
Submitted By:
Plaintiff
Relevance:
Establishes the plaintiff's ownership of the plaint A schedule property.
Reference:
Ext.A1
Document Type:
Assignment Deed
Submitted By:
Plaintiff
Relevance:
Confirms the legal transfer of property to the defendant.
Reference:
Ext.A2
Document Type:
Tax receipt
Submitted By:
Plaintiff
Relevance:
Demonstrates the plaintiff's payment of taxes for the plaint A schedule property.
Reference:
Ext.A3
Document Type:
Electricity Receipt
Submitted By:
Defendant
Relevance:
Proves the defendant's payment of electricity charges for the plaint B schedule property.
Reference:
Ext.B1
Document Type:
Building Tax Receipt
Submitted By:
Defendant
Relevance:
Verifies that the defendant is paying building tax for the plaint B schedule property.
Reference:
Ext.B2
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Details the findings regarding the encroachment into plaint A schedule property.
Reference:
Ext.C1
Document Type:
Commissioner's Plan
Submitted By:
Court
Relevance:
Illustrates the layout of the property and the areas in dispute.
Reference:
Ext.C1(a)
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Further details the findings of encroachment in regard to the C schedule property.
Reference:
Ext.C2
Document Type:
Surveyor plan
Submitted By:
Court
Relevance:
Shows the encroached area and details the relationship of the properties.
Reference:
Ext.C2(a)
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Kozhikode
State
Kerala
Court Establishment
Munsiff Court, Nadapuram
Common Reasons
Case Code
Case between Asya vs C. K. Sahad regarding fixation of boundary and recovery of possession
Case Code Year
Case between Asya vs C. K. Sahad regarding fixation of boundary and recovery of possession