Case Summary
K.Abdul Khadarkutty, the plaintiff, claims ownership of a property that has had its boundaries altered illegally by the defendants, which include government officials. He seeks a mandatory injunction to correct the revenue records.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Defendants are directed to correct the revenue records of the plaint schedule property within 30 days.
Case Type
Mandatory Injunction
Final Judgment
No
The suit is decreed in favor of the plaintiff, directing the defendants to correct the revenue records of the property to its original extent.
Why Plaintiff Won:
The plaintiff has exclusive title and possession over the plaint schedule property.
The plaintiff has exclusive title and possession over the plaint schedule property.
Losing Side's Weaknesses:
The plaintiff has exclusive title and possession over the plaint schedule property.
The plaintiff has exclusive title and possession over the plaint schedule property.
Supporting Evidence
The cause of action alleged in the plaint stands proved through the deposition of PW1 and also from Ext. A1 and A6 documents. From the affidavit and the documents it is clear that the plaintiff has exclusive title and possession over the plaint schedule property, having an extent of 3.44 ares.
Judgment Evidence:
In the result, the suit is decreed as follows: i. The defendants are hereby directed to correct the revenue records of the plaint schedule property and restore the extent of the property to 3.44 ares within 30 days from today.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- K.Abdul Khadarkutty
- Party Age
- 62
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Kerala State represented by District Collector
- Party Role
- Defendant
- Party Name
- The Tahasildar
- Party Role
- Defendant
- Party Name
- Village Officer
Plaintiffs Documents
Sale deed No.3309/1989, Land tax receipt, Order of the Tahsildar, Office copy of notice dated 08/02/2022, Acknowledgment cards, Building tax receipts.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- R.Bahuleyan
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Ajitha.T.R.
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- Niaz.A.
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Mandatory Injunction
Outcome:
Granted
Description:
Defendants directed to correct the revenue records of the plaint schedule property.
Evidence:
The defendants are hereby directed to correct the revenue records of the plaint schedule property.
Documents & Evidence
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
Proves the plaintiff purchased 3.44 ares of property in resurvey No. 439/3.
Reference:
Ext.A1
Document Type:
Land Tax Receipt
Submitted By:
Plaintiff
Relevance:
Shows the plaintiff mutated the property in his name and paid tax.
Reference:
Ext.A2
Document Type:
Order of the Tahsildar
Submitted By:
Plaintiff
Relevance:
Contains details regarding the extent of the plaint schedule property.
Reference:
Ext.A3
Document Type:
Notice
Submitted By:
Plaintiff
Relevance:
Legal notice issued to the defendants demanding correction of the revenue records.
Reference:
Ext.A4
Document Type:
Postal Acknowledgment Cards
Submitted By:
Plaintiff
Relevance:
Acknowledgment cards signed by the defendants.
Reference:
Ext.A5
Document Type:
Building Tax Receipts
Submitted By:
Plaintiff
Relevance:
Receipts issued for the shop rooms in the plaint schedule property.
Reference:
Ext.A6
Case Classification
Case Type
Mandatory injunction
Category
Property and Possession Disputes
District
Kollam
State
Kerala
Court Establishment
Munsiff Court Kollam
Common Reasons
Unauthorized occupation
Case Code
Case between K.Abdul Khadarkutty vs Kerala State et al regarding Mandatory Injunction
Case Code Year
Case between K.Abdul Khadarkutty vs Kerala State et al regarding Mandatory Injunction