Case Summary
The case involves a suit for permanent prohibitory injunction and the establishment of a boundary between the plaintiff's and defendants' properties. The plaintiff claims to be the absolute owner of the disputed land, while the defendants have attempted to trespass and alter boundaries.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The defendant is restrained from trespassing into the plaint A schedule property and from making any construction on it. Plaintiff is entitled to put up a boundary wall.
Case Type
Civil Suit
Final Judgment
No
The suit was decreed in favor of the plaintiff, granting relief against the defendants' trespass and allowing the plaintiff to construct a boundary wall.
Why Plaintiff Won:
The plaintiff provided uncontroverted testimony and established ownership over the property with supporting documents.
The plaintiff provided uncontroverted testimony and established ownership over the property with supporting documents.
Losing Side's Weaknesses:
The plaintiff provided uncontroverted testimony and established ownership over the property with supporting documents.
The plaintiff provided uncontroverted testimony and established ownership over the property with supporting documents.
Supporting Evidence
From the uncontroverted testimony of PW1 and Exts.A1 to A5 documents and Ext.C1 and C1(a) the plaintiff had established his case warranting the grant of relief sought for.
Judgment Evidence:
In the result, the suit decreed with costs as follows: The defendant is restrained from trespassing into the plaint A schedule property from altering the boundary.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Jayakumar
- Party Age
- 42
- Relation
- S/o.
- Party Role
- Defendant
- Party Name
- Vijayan
- Party Age
- 55
- Relation
- S/o.
- Party Role
- Defendant
- Party Name
- Chithralal
- Party Age
- 30
- Relation
- S/o.
Plaintiffs Documents
Original of Sale Deed No.2294/2015, Original Tax receipt, Copy of complaint, Building tax receipt, Ownership Certificate
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- K S Gopinathan Nair
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Biju P. S
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
Defendant restrained from trespassing into the plaint A schedule property.
Evidence:
The defendant is restrained from trespassing into the plaint A schedule property from altering the boundary...
Relief Type:
Possession
Outcome:
Granted
Description:
Plaintiff allowed to put up a boundary wall on the plaint A schedule property.
Evidence:
Plaintiff is entitled to put up boundary wall with granite foundation and burnt bricks to a height of 5 feet...
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff allowed to recover costs of the suit from the defendants.
Evidence:
Plaintiff is allowed to realise the cost of the suit from the defendants and their assets.
Documents & Evidence
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
Original of Sale Deed No.2294/2015 establishing plaintiff's ownership.
Reference:
Ext.A1
Document Type:
Tax receipt
Submitted By:
Plaintiff
Relevance:
Original tax receipt related to the plaint A schedule property.
Reference:
Ext.A2
Document Type:
Complaint
Submitted By:
Plaintiff
Relevance:
Copy of complaint made to the police regarding the defendants' actions.
Reference:
Ext.A3
Document Type:
Building Tax Receipt
Submitted By:
Plaintiff
Relevance:
Building tax receipt related to the plaint A schedule property.
Reference:
Ext.A4
Document Type:
Ownership Certificate
Submitted By:
Plaintiff
Relevance:
Ownership certificate affirming the plaintiff's claim to the property.
Reference:
Ext.A5
Document Type:
Commission report & measurement sketch
Submitted By:
Court
Relevance:
Commission report and measurement sketch indicating the boundary line between properties.
Reference:
Ext.C1
Document Type:
Commission report & measurement sketch
Submitted By:
Court
Relevance:
Plan that forms part of the decree showing the boundary.
Reference:
Ext.C1(a)
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Thiruvananthapuram
State
Kerala
Court Establishment
Munsiff Court Thiruvananthapuram
Common Reasons
Case Code
Case between Jayakumar vs Vijayan et al regarding permanent prohibitory injunction and putting up of boundary.
Case Code Year
Case between Jayakumar vs Vijayan et al regarding permanent prohibitory injunction and putting up of boundary.