Case Summary
David Pul has filed a suit against the State of Kerala and various government officials regarding the resurvey of his property boundaries, alleging that the resurvey was conducted improperly and that his property boundaries were incorrectly fixed. The defendants contend that the resurvey was executed correctly in accordance with the law.
Judgment Outcome
Judgment Favored
Defendant
Relief Granted
Case Type
Civil Suit
Final Judgment
No
Key Reasoning:
The suit was deemed barred by limitation and the plaintiff did not sufficiently prove that the resurvey was performed improperly.
The suit was deemed barred by limitation and the plaintiff did not sufficiently prove that the resurvey was performed improperly.
Judgment Evidence:
In the result, the suit is dismissed. The defendants are entitled to the costs of the suit from the plaintiff.
Parties Involved
Plaintiffs
David Pul (54 years)
No. 89, Giri Nagar, Kadavanthra, Cochin -20
Defendants
State of Kerala (Age not specified years)
represented by Secretary to Government Revenue Department, Government Secretariat, Trivandrum – 695 001.
District Collector (Age not specified years)
Ernakulam Collectorate, Kakkanad, Kochi – 682 030.
Superintendent of Survey and Land Records (Age not specified years)
Re- Survey Superintendent Office, Mini Civil Station, Piravam Road, Ernakulam – 686 664.
Tahsildar (Age not specified years)
Kanayannur Taluk, Taluk Office, Ernakulam – 682 011.
Village Officer (Age not specified years)
Edapally North Village Office, Ponekkara Road, Ponekkara, Edapally North- 682 024.
Reliefs
Relief Type:
Permanent Injunction
Outcome:
Refused
Description:
Plaintiff sought permanent prohibitory injunction to prevent any interference with his possession.
Evidence:
In view of answer to issue number III, it is clear that the plaintiff is not entitled to a relief of permanent prohibitory injunction as prayed for.
Relief Type:
Boundary Refixing
Outcome:
Refused
Description:
Plaintiff requested to refix the boundaries of the plaint schedule property as per title deeds.
Evidence:
The plaintiff is not entitled to a decree refixing the boundaries of the plaint schedule property as per his title deeds.
Documents & Evidence
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
Plaintiff used this document to establish ownership of the property.
Reference:
Ext.A1
Document Type:
Land Tax Receipt
Submitted By:
Plaintiff
Relevance:
Document used to show payment of land tax for the property.
Reference:
Ext.A2
Document Type:
Location Plan Certificate
Submitted By:
Plaintiff
Relevance:
Provided to indicate the location of the property.
Reference:
Ext.A3
Document Type:
Possession Certificate
Submitted By:
Plaintiff
Relevance:
Used to demonstrate the plaintiff's possession of the property.
Reference:
Ext.A4
Document Type:
Complaint
Submitted By:
Plaintiff
Relevance:
Complaint regarding illegal resurvey submitted by the plaintiff.
Reference:
Ext.A5
Document Type:
Letter
Submitted By:
Plaintiff
Relevance:
Correspondence with authorities related to the property.
Reference:
Ext.A6
Document Type:
Order
Submitted By:
Plaintiff
Relevance:
Document showing the order issued in response to the complaint.
Reference:
Ext.A7
Document Type:
Appeal
Submitted By:
Plaintiff
Relevance:
Document showing the appeal filed against the dismissal of the earlier complaint.
Reference:
Ext.A8
Document Type:
Letter
Submitted By:
Plaintiff
Relevance:
Correspondence related to the appeal proceedings.
Reference:
Ext.A9
Document Type:
Letter
Submitted By:
Plaintiff
Relevance:
Further correspondence from the plaintiff related to the case.
Reference:
Ext.A10
Document Type:
Lawyer Notice
Submitted By:
Plaintiff
Relevance:
Legal notice sent to the defendants.
Reference:
Ext.A11
Document Type:
Postal Acknowledgment Card
Submitted By:
Plaintiff
Relevance:
Acknowledgment of receipt of legal documents.
Reference:
Ext.A12
Document Type:
Postal Acknowledgment Card
Submitted By:
Plaintiff
Relevance:
Acknowledgment of receipt of legal documents.
Reference:
Ext.A13
Document Type:
Postal Acknowledgment Card
Submitted By:
Plaintiff
Relevance:
Acknowledgment of receipt of legal documents.
Reference:
Ext.A14
Document Type:
Postal Acknowledgment Card
Submitted By:
Plaintiff
Relevance:
Acknowledgment of receipt of legal documents.
Reference:
Ext.A15
Document Type:
Reply letter
Submitted By:
Plaintiff
Relevance:
Response from authorities concerning the property.
Reference:
Ext.A17
Document Type:
Letter
Submitted By:
Plaintiff
Relevance:
Further correspondence related to the complaint.
Reference:
Ext.A18
Document Type:
Commission Report
Submitted By:
Plaintiff
Relevance:
Report detailing findings from the prior suit regarding the property.
Reference:
Ext.A19
Document Type:
Sketch
Submitted By:
Defendant
Relevance:
Document used by the defendants to support their resurvey findings.
Reference:
Ext.B1
Document Type:
Basic Tax Register
Submitted By:
Defendant
Relevance:
Used to demonstrate tax records relevant to the property.
Reference:
Ext.B2
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Court's report concerning the property boundaries and investigation.
Reference:
Ext.C1
Document Type:
Surveyor's Sketch
Submitted By:
Court
Relevance:
Sketch produced by the surveyor detailing the property boundaries.
Reference:
Ext.C1(a)