Case Summary
Joseph Arch Paul @ Unnirajan is the plaintiff claiming ownership and possession of a property. The defendants, Jaya Bhaskar and Rajesh Kumar, allegedly constructed a boundary wall encroaching on the plaintiff's access pathway, leading to this suit.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Defendant is restrained from encroaching into any portion of the plaint B schedule pathway and must remove the wall constructed by them.
Case Type
Civil Suit
Final Judgment
No
The court decreed the suit, restraining the defendants from encroaching on the plaintiff's right of way and directing them to remove the constructed wall.
Why Plaintiff Won:
The plaintiff established a genuine apprehension of threat to his legal rights due to the defendant's actions.
The plaintiff established a genuine apprehension of threat to his legal rights due to the defendant's actions.
Losing Side's Weaknesses:
The plaintiff established a genuine apprehension of threat to his legal rights due to the defendant's actions.
The plaintiff established a genuine apprehension of threat to his legal rights due to the defendant's actions.
Supporting Evidence
The apprehension of plaintiff is genuine. Here, the plaintiff had established that there is a potential threat against him and that the defendant is under a legal obligation to not to disturb the plaintiff.
Judgment Evidence:
In this result, suit is decreed as follows. 1.Defendant is restrained from encroaching into any portion of the plaint B schedule pathway or committing any waste or causing any obstruction therein.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Joseph Arch Paul @ Unnirajan
- Party Age
- 64
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Jaya Bhaskar
- Party Age
- 35
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Rajesh Kumar. R
- Party Age
- 41
- Relation
- S/o
Plaintiffs Documents
Certified copy of Sale deed No.864/1990, Tax Receipt, Survey Plan of Resurvey No.619/20, Building permit and Approved plan No.S2/TP/BR/244/22-23.
Defendants Documents
Certified copy of Settlement deed No. 375/2021, Land tax receipt issued from Sakthikulangara Village Office.
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Adv.Boris Paul
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Adv.Krishna Kumar. G.S.
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
Defendant is restrained from encroaching into any portion of the plaint B schedule pathway.
Evidence:
Defendant is restrained from encroaching into any portion of the plaint B schedule pathway or committing any waste or causing any obstruction therein.
Relief Type:
Mandatory Injunction
Outcome:
Granted
Description:
Defendants are directed to remove the wall constructed by them on the western side of plaint B scheduled property.
Evidence:
Defendants hereby directed by way of mandatory injunction to remove the wall constructed by them on the western side of plaint B scheduled property within 3 months.
Relief Type:
Mandatory Injunction
Outcome:
Granted
Description:
Defendant restrained from obstructing plaintiff’s construction of wall leaving 1 metre width.
Evidence:
Defendant hereby restrained from obstructing the construction of a wall on the western side of the plaint schedule property by the plaintiff leaving 1 metre width on the entire structure of the plaint schedule property.
Relief Type:
Other
Outcome:
Granted
Description:
Defendant shall pay cost of the suit to the plaintiff.
Evidence:
Defendant shall pay cost of the suit to the plaintiff.
Documents & Evidence
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
Proves title and possession over the plaint A schedule property.
Reference:
Ext.A1
Document Type:
Tax receipt
Submitted By:
Plaintiff
Relevance:
Confirms tax payment for the plaint A schedule property.
Reference:
Ext.A2
Document Type:
Survey Plan
Submitted By:
Plaintiff
Relevance:
Details the layout of the plaint A schedule property.
Reference:
Ext.A3
Document Type:
Building Permit
Submitted By:
Plaintiff
Relevance:
Officially documents the approved plan for construction related to the plaint A schedule property.
Reference:
Ext.A4
Document Type:
Settlement Deed
Submitted By:
Defendant
Relevance:
Establishes title and possession of the defendants' property.
Reference:
Ext.B1
Document Type:
Land Tax Receipt
Submitted By:
Defendant
Relevance:
Proves payment of land tax by the defendants for their property.
Reference:
Ext.B2
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Documents the findings regarding the encroachment on the plaint B schedule property.
Reference:
Ext.C1
Case Classification
Case Type
Civil Suit
Category
Property and Possession Disputes
District
Kollam
State
Kerala
Court Establishment
Munsiff Court Kollam
Common Reasons
Unauthorized occupation
Case Code
Case between Joseph Arch Paul @ Unnirajan vs Jaya Bhaskar, Rajesh Kumar regarding permanent prohibitory injunction and mandatory injunction.
Case Code Year
Case between Joseph Arch Paul @ Unnirajan vs Jaya Bhaskar, Rajesh Kumar regarding permanent prohibitory injunction and mandatory injunction.