Case Summary
The case involves plaintiff CHERIYA KALLUKKANDIYIL ASYA who claims that the defendants removed a boundary and encroached upon her property. The defendants dispute this claim and state the plaintiff is the one encroaching on their land.
Judgment Outcome
Judgment Favored
Partial
Relief Granted
The western boundary of the plaint schedule property is fixed as per the title deed of the plaintiff. The plaintiff is entitled to get the costs of the suit.
Case Type
Civil Suit
Final Judgment
No
The court decreed the suit in part, fixing the western boundary of the plaint schedule property as per the plaintiff's title deed. However, the request for a consequential injunction was denied because the court found that the plaintiff had encroached on the defendants' property.
Key Reasoning:
The plaintiff is entitled to fix the western boundary based on the evidence provided.
The plaintiff is entitled to fix the western boundary based on the evidence provided.
Losing Side's Weaknesses:
The plaintiff is entitled to fix the western boundary based on the evidence provided.
The plaintiff is entitled to fix the western boundary based on the evidence provided.
Supporting Evidence
The only dispute is to fix the western boundary of the plaint schedule property. The evidence of PW2 indicated the encroachment was by the plaintiff.
Judgment Evidence:
In the result, the suit is decreed in part with costs.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- CHERIYA KALLUKKANDIYIL ASYA
- Party Age
- 45
- Relation
- D/o
- Party Role
- Defendant
- Party Name
- KURUKKANARIYIL MAMMAD
- Party Age
- 70
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- SAMEERA
- Party Age
- 28
- Relation
- D/o
- Party Role
- Defendant
- Party Name
- MUHAMMAD SADIQUE
- Party Age
- 7
- Relation
- Represented by
- Party Role
- Defendant
- Party Name
- SALIHA FATHIMA
- Party Age
- 7
- Relation
- Represented by
Plaintiffs Documents
Settlement deed No. 916/1992, Certified copy of Assignment deed No. 1120/1976, Assignment Deed No. 1351/1990.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. P. A. Jaleel
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Sri. Athulkrishna. N. S
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- Sri. Abdul Latheef. V. K
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Permanent Injunction
Outcome:
Refused
Description:
Request for a consequential injunction restraining the defendants from encroaching.
Evidence:
However, the relief of consequential injunction is denied as the encroachment is done by the plaintiff and not by the defendants.
Relief Type:
Declaration
Outcome:
Granted
Description:
Fixation of the western boundary of the plaint schedule property.
Evidence:
Therefore, in the light of discussions the plaintiff is entitled to fix the western boundary of the plaint schedule property in accordance with Ext.C2(a) plan.
Documents & Evidence
Document Type:
Settlement Deed
Submitted By:
Plaintiff
Relevance:
Establishes the title deed of the plaintiff.
Reference:
Ext.A1
Document Type:
Assignment Deed
Submitted By:
Plaintiff
Relevance:
Establishes the title deed of the plaintiff.
Reference:
Ext.A2
Document Type:
Assignment Deed
Submitted By:
Plaintiff
Relevance:
Establishes the title deed of the plaintiff.
Reference:
Ext.A3
Document Type:
Commissioner’s Report
Submitted By:
Court
Relevance:
Used to assist in fixing the boundary.
Reference:
Ext.C1
Document Type:
Commissioner’s Plan
Submitted By:
Court
Relevance:
Used to assist in fixing the boundary.
Reference:
Ext.C1(a)
Document Type:
Commissioner’s Report
Submitted By:
Court
Relevance:
Used to assist in fixing the boundary.
Reference:
Ext.C2
Document Type:
Commissioner’s Plan
Submitted By:
Court
Relevance:
Used to assist in fixing the boundary.
Reference:
Ext.C2(a)
Case Classification
Case Type
Civil Suit
Category
Property and Possession Disputes
District
Kozhikode
State
Kerala
Court Establishment
Munsiff Court, Nadapuram
Common Reasons
Case Code
Case between CHERIYA KALLUKKANDIYIL ASYA vs KURUKKANARIYIL MAMMAD et al regarding fixation of boundary and consequential injunction
Case Code Year
Case between CHERIYA KALLUKKANDIYIL ASYA vs KURUKKANARIYIL MAMMAD et al regarding fixation of boundary and consequential injunction