Case Summary
This suit involves plaintiffs Bhanumathi and her children seeking to fix the boundary of their property, recover possession, and obtain a permanent injunction against their neighbors (defendants) who have allegedly attempted to trespass. The plaintiffs assert legal ownership, while the defendants dispute these claims.
Judgment Outcome
Judgment Favored
Defendant
Relief Granted
Case Type
Civil Suit
Final Judgment
No
The court dismissed the suit filed by the plaintiffs seeking boundary fixation and other reliefs, concluding that the plaintiffs failed to prove their possession and ownership claims.
Key Reasoning:
Plaintiffs did not present sufficient evidence to prove their claims of ownership and possession.
Plaintiffs did not present sufficient evidence to prove their claims of ownership and possession.
Why Defendant Won:
Plaintiffs did not present sufficient evidence to prove their claims of ownership and possession.
Plaintiffs did not present sufficient evidence to prove their claims of ownership and possession.
Supporting Evidence
The plaintiffs have not scheduled the defendants’ property or the disputed pathway in the plaint. Instead, only the plaintiffs’ property has been scheduled.
Judgment Evidence:
In the result, suit is dismissed with costs.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Bhanumathi
- Party Age
- 62
- Relation
- W/o
- Party Role
- Plaintiff
- Party Name
- Maniyan
- Party Age
- 43
- Relation
- S/o
- Party Role
- Plaintiff
- Party Name
- Manoj
- Party Age
- 37
- Relation
- S/o
- Party Role
- Plaintiff
- Party Name
- Mahesh
- Party Age
- 35
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Remani
- Party Age
- 53
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Nishad
- Party Age
- 25
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Navas
- Party Age
- 45
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Ashok
- Party Age
- 55
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Prakash
- Party Age
- 52
- Relation
- S/o
Plaintiffs Documents
Certified copy of Sale Deed No. 1088/1977, Land Tax Receipt, Receipts dated 09/09/2016 and 18/10/2016, Certified copy of Re Survey Plan.
Defendants Documents
Certified copy of Sale Deed No. 126/1982, Certified copy of Sale Deed No. 3031/1997, Land Tax Receipt.
Advocates
- Party Role
- Plaintiff
- Advocate Name
- A. Salim
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Electron.A.
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- Mathew Johnson
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Fixation of Boundary
Outcome:
Refused
Description:
Plaintiffs sought to fix the southern and western boundaries of the property.
Evidence:
The plaintiffs are not entitled to a decree for fixation of boundary.
Relief Type:
Recovery of Possession
Outcome:
Refused
Description:
Plaintiffs sought recovery of possession of any encroached property.
Evidence:
The plaintiffs are not entitled to a decree for recovery of possession.
Relief Type:
Permanent Injunction
Outcome:
Refused
Description:
Plaintiffs sought a permanent injunction restraining the 1st defendant.
Evidence:
The plaintiffs are not entitled to a decree of permanent prohibitory injunction.
Documents & Evidence
Document Type:
Certified copy of Sale Deed
Submitted By:
Plaintiff
Relevance:
Establishes ownership and extent of the plaint schedule property.
Reference:
Ext.A1
Document Type:
Land Tax Receipt
Submitted By:
Plaintiff
Relevance:
Shows mutation of the plaint schedule property in the name of the deceased owner.
Reference:
Ext.A2
Document Type:
Receipt
Submitted By:
Plaintiff
Relevance:
Evidence of application filed before revenue authorities.
Reference:
Ext.A3
Document Type:
Receipt
Submitted By:
Plaintiff
Relevance:
Evidence of application filed before the Collectorate.
Reference:
Ext.A4
Document Type:
Certified copy of Re Survey Plan
Submitted By:
Plaintiff
Relevance:
Shows the surveyed area of the property.
Reference:
Ext.A5
Document Type:
Certified copy of Sale Deed
Submitted By:
Defendant
Relevance:
Establishes ownership of the 1st defendant.
Reference:
Ext.B1
Document Type:
Certified copy of Sale Deed
Submitted By:
Defendant
Relevance:
Establishes ownership of the 1st defendant.
Reference:
Ext.B2
Document Type:
Land Tax Receipt
Submitted By:
Defendant
Relevance:
Shows tax record in favour of the 1st defendant.
Reference:
Ext.B3
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Prepared to inspect the plaint schedule property.
Reference:
Ext.C1
Document Type:
Mahazar
Submitted By:
Court
Relevance:
Recorded details of the commission inspection.
Reference:
Ext.C1(a)
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Second commission report prepared regarding the property.
Reference:
Ext.C2
Document Type:
Mahazar
Submitted By:
Court
Relevance:
Recorded details of the second commission inspection.
Reference:
Ext.C2(a)
Document Type:
Survey Plan
Submitted By:
Court
Relevance:
Illustrates the survey details of the property.
Reference:
Ext.C2(b)
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Kollam
State
Kerala
Court Establishment
Munsiff Court Kollam
Common Reasons
Case Code
Case between Bhanumathi et al vs Remani et al regarding fixation of boundary, recovery of possession and permanent prohibitory injunction.
Case Code Year
Case between Bhanumathi et al vs Remani et al regarding fixation of boundary, recovery of possession and permanent prohibitory injunction.