Original Suit No.162/2023

Case between Imbichipathu @ Bichathu vs Kacha et al regarding declaration and permanent prohibitory injunction

Court

COURT OF ADDITIONAL MUNSIFF -II, KOZHIKODE

Judge

Smt.ANJALI. P

Order Date

2025-09-15

Duration

approximately-2 years 4 months

Case Closed

Judgement document from eCourt website

Save Case Find Similar Cases

Case Summary

The plaintiff Imbichipathu @ Bichathu seeks a declaration of her title over a property she has possessed since 1978, claiming adverse possession against the defendants Kacha and others. The defendants, however, contested the claim after demanding the plaintiff vacate the property.

Judgment Outcome

Plaintiff Won

Interim Order

The court ruled in favor of the plaintiff, confirming her title over the property based on adverse possession. The defendants were restrained from evicting the plaintiff and ordered to pay costs.

Judgment Favored

Plaintiff

Relief Granted

Case Type

Civil Suit

Final Judgment

The court ruled in favor of the plaintiff, confirming her title over the property based on adverse possession. The defendants were restrained from evicting the plaintiff and ordered to pay costs.

Why Plaintiff Won:
The plaintiff proved continuous possession and title over the property by adverse possession.

Losing Side's Weaknesses:
The plaintiff proved continuous possession and title over the property by adverse possession.

Supporting Evidence

The continuous possession for the requisite period of 12 years of the plaintiff over the plaint schedule property is proved by the oral evidence of the PW1, the exhibit A1 to A27 documents produced before the court and the exhibit C1 series report and plan of the advocate commissioner.

Judgment Evidence:

In the result, the suit is decreed with costs as follows: It is hereby declared that the plaintiff has obtained right, title, and interest over the plaint schedule property by adverse possession and no other person has any right, title or interest over the plaint schedule property.

Parties Involved

Parties

Party Role: Plaintiff
Party Name: Imbichipathu @ Bichathu
Party Age: 70
Relation: D/o

Party Role: Defendant
Party Name: Kacha
Party Age: 85
Relation: W/o

Party Role: Defendant
Party Name: K.P.Bachu
Party Age: 60
Relation: S/o

Party Role: Defendant
Party Name: Suharabi
Party Age: 64
Relation: D/o

Party Role: Defendant
Party Name: Sainabi
Party Age: 62
Relation: D/o

Party Role: Defendant
Party Name: Rasheeda
Party Age: 57
Relation: D/o

Plaintiffs Documents

Electricity consumer invoice, Demand/Disconnection notice issued from Electricity Board, Building Tax Receipts, Property Tax Receipts.

Defendants Documents

Advocates

Party Role: Plaintiff
Advocate Name: Sri. V.Razal Rahiman
Appearance Type: Main Counsel

Party Role: Defendant
Advocate Name: Smt.Jyothi
Appearance Type: Main Counsel

Party Role: Plaintiff
Advocate Name: Adin Dev.V.K
Appearance Type: Government Pleader

Reliefs

Relief Type: Declaration

Outcome: Granted

Description:

The plaintiff sought a decree declaring ownership over the plaint schedule property by adverse possession.

Evidence:

It is hereby declared that the plaintiff has obtained right, title, and interest over the plaint schedule property by adverse possession and no other person has any right, title or interest over the plaint schedule property.

Relief Type: Permanent Injunction

Outcome: Granted

Description:

The plaintiff sought a permanent prohibitory injunction against the defendants from trespassing into the plaint schedule property.

Evidence:

The defendants are hereby restrained by way of permanent prohibitory injunction from trespassing into the plaint schedule property or forcefully evicting the plaintiff from the plaint schedule property.

Relief Type: Costs

Outcome: Granted

Description:

The plaintiff is entitled to recover costs of the proceedings.

Evidence:

The defendants are directed to pay costs of the proceedings to the plaintiff.

Documents & Evidence

Document Type: Electricity consumer invoice

Submitted By: Plaintiff

Relevance:

Used to establish the plaintiff's possession and claims over the property.

Reference:

Ext.A1

Document Type: Demand/Disconnection notice issued from Electricity Board

Submitted By: Plaintiff

Relevance:

Provides evidence of the plaintiff's ongoing utility connections and engagement with the authorities.

Reference:

Ext.A2

Document Type: Electricity payment Receipt

Submitted By: Plaintiff

Relevance:

Demonstrates the plaintiff's continuous occupancy and financial responsibility for the property.

Reference:

Ext.A3

Document Type: Receipt issued by KSEB

Submitted By: Plaintiff

Relevance:

Supports the claim of long-term occupancy and accountability over the property.

Reference:

Ext.A4

Document Type: Receipt issued by KSEB

Submitted By: Plaintiff

Relevance:

Further establishes the plaintiff's engagement with the utility provider.

Reference:

Ext.A5

Document Type: Notice received from Kozhikode Corporation Tax department

Submitted By: Plaintiff

Relevance:

Reinforces the plaintiff's possession and responsibility regarding property taxes.

Reference:

Ext.A6

Document Type: Receipt received from Kozhikode Corporation department

Submitted By: Plaintiff

Relevance:

Shows the plaintiff's historical payments and claims to the property.

Reference:

Ext.A7

Document Type: Notice received from Kozhikode Corporation Tax department

Submitted By: Plaintiff

Relevance:

Acts as evidence of the plaintiff's legal engagement with tax authorities.

Reference:

Ext.A8

Document Type: Notice received from Kozhikode Corporation Tax department

Submitted By: Plaintiff

Relevance:

Further confirms the plaintiff's ongoing dealings with local authorities regarding the property.

Reference:

Ext.A9

Document Type: Bill from Kozhikode Corporation

Submitted By: Plaintiff

Relevance:

Documented evidence of the plaintiff's regular financial commitments related to the property.

Reference:

Ext.A10

Document Type: Property Tax Receipt

Submitted By: Plaintiff

Relevance:

Highlights the plaintiff's compliance with tax regulations supporting ownership claims.

Reference:

Ext.A11

Document Type: Property Tax Receipt

Submitted By: Plaintiff

Relevance:

Provides further substantiation to the plaintiff's claims of property ownership.

Reference:

Ext.A12

Document Type: Property Tax Receipt

Submitted By: Plaintiff

Relevance:

Reinforces ownership claims through proper documentation of tax payments.

Reference:

Ext.A13