Case Summary
Plaintiff Ayishummu filed suit against defendant Kunhappa seeking to fix the boundary and obtain a mandatory injunction due to obstruction in using an accessway to the property.
Judgment Outcome
Judgment Favored
Defendant
Relief Granted
Not Decided
Case Type
Civil Suit - Fixation of Boundary and Mandatory Injunction
Final Judgment
No
The suit was dismissed with costs as the plaintiff failed to prove entitlement to fix the boundary and obtain a mandatory injunction.
Key Reasoning:
The plaintiff failed to establish possession or claim to the disputed property ABCD.
The plaintiff failed to establish possession or claim to the disputed property ABCD.
Why Defendant Won:
The plaintiff failed to establish possession or claim to the disputed property ABCD.
The plaintiff failed to establish possession or claim to the disputed property ABCD.
Supporting Evidence
Hence, in view of the above said discussion, it is found that the plaintiff is not entitled to get ABCD in Ext. to be fixed as his boundary to item No.2 to plaint A schedule.
Judgment Evidence:
The suit is dismissed with costs.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Ayishummu
- Party Age
- 44
- Relation
- W/o Pottammal
- Party Role
- Defendant
- Party Name
- Kunhappa
- Party Age
- 60
- Relation
- S/o Puliyankodath
Plaintiffs Documents
Copy of Jenm Assignment deed, True copy of Document No.1232/1995, Copy of Lawyer Notice, Tax Receipts, Plaint in OS 102/2014
Defendants Documents
Jenm Assignment Deeds, Tax Receipts
Advocates
Reliefs
Relief Type:
Fixation of Boundary
Outcome:
Not Decided
Description:
Plaintiff sought boundary fixation but failed to provide evidence.
Evidence:
Plaintiff not entitled to get ABCD in Ext. as his boundary.
Relief Type:
Mandatory Injunction
Outcome:
Not Decided
Description:
Plaintiff requested for demolition of defendant's house obstructing the accessway
Evidence:
Hence, in view of the above said discussion, it is found that the plaintiff is not entitled to get ABCD in Ext. to be fixed as his boundary to item No.2 to plaint A schedule.
Documents & Evidence
Document Type:
Jenm Assignment Deed
Submitted By:
Plaintiff
Relevance:
Establishes ownership claim
Reference:
A1
Document Type:
Jenm Assignment Deeds
Submitted By:
Defendant
Relevance:
Property ownership evidence
Reference:
B1, B2
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Survey and boundary demarcation reports
Reference:
C1, C2, C3, C4, C5, C6
Case Classification
Case Type
Civil Suit - Fixation of Boundary and Mandatory Injunction
Category
Injunction and Access Rights
District
Malappuram
State
Kerala
Court Establishment
Munsiff Court, Tirur / Rent Control Court
Common Reasons
Boundary Dispute
Case Code
Case between Ayishummu vs Kunhappa regarding fixing of boundary and mandatory injunction
Case Code Year
Case between Ayishummu vs Kunhappa regarding fixing of boundary and mandatory injunction