Case Summary
The plaintiffs, Kamala Veni and her children, are involved in a suit against the defendants, who are family members regarding an encroachment on property. The case centers on establishing property boundaries and ownership following a partition deed.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The plaintiffs' title over the plaint schedule item No.6 property is hereby declared.
Case Type
Civil Suit
Final Judgment
No
The court decreed the suit in favor of the plaintiffs, declaring their title over the disputed property and ordering the defendants to remove obstructions.
Why Plaintiff Won:
The plaintiffs provided credible evidence of ownership and threats of encroachment.
The plaintiffs provided credible evidence of ownership and threats of encroachment.
Losing Side's Weaknesses:
The plaintiffs provided credible evidence of ownership and threats of encroachment.
The plaintiffs provided credible evidence of ownership and threats of encroachment.
Supporting Evidence
Going through the commission report it can be seen that the commissioner had identified the plaint schedule property.
Judgment Evidence:
In the result, suit is decreed with costs as follows: a.The plaintiffs title over the plaint schedule item No.6 property is hereby declared.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Kamala Veni
- Party Age
- 81
- Relation
- W/o
- Party Role
- Plaintiff
- Party Name
- Mini
- Party Age
- 42
- Relation
- D/o
- Party Role
- Plaintiff
- Party Name
- Suresh
- Party Age
- 62
- Relation
- S/o
- Party Role
- Plaintiff
- Party Name
- Girija
- Party Age
- 60
- Relation
- W/o
- Party Role
- Plaintiff
- Party Name
- Yamuna
- Party Age
- 57
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Rajan
- Party Age
- 76
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Jijo Rajan
- Party Age
- 30
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Madhuraj
- Party Age
- 40
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Manoj
- Party Age
- 45
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Manju
- Party Age
- 35
- Relation
- W/o
Plaintiffs Documents
Certified copy of partition deed No.1495/1996, Land Tax Receipt No.KL05051200801/2020.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Adv.D.Subhash Chandran
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Feba Elma Varghese
- Appearance Type
- Assisting Counsel
- Party Role
- Plaintiff
- Advocate Name
- Adv.Anjana Lakshmi.T.A
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Declaration
Outcome:
Granted
Description:
Plaintiffs' title over the plaint schedule item No.6 property is declared.
Evidence:
In the result, suit is decreed with costs as follows: a. The plaintiffs title over the plaint schedule item No.6 property is hereby declared.
Relief Type:
Mandatory Injunction
Outcome:
Granted
Description:
Defendants are directed to remove obstructions from item No.6 property.
Evidence:
b. Defendants are hereby directed by an order of mandatory injunction to remove the obstructions and improvements from the item No.6 property as reported in Ext.C1 and C1(a) report and plan within two months from the date of decree.
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
Defendants are restrained from obstructing plaintiffs from constructing along the boundary.
Evidence:
e. The defendants and any men under them are further restrained by an order of permanent prohibitory injunction from obstructing the plaintiffs from constructing any wall or fence along the boundary demarcating item No.1 from item Nos. 2 and 3 property.
Documents & Evidence
Document Type:
Certified Copy of Partition Deed
Submitted By:
Plaintiff
Relevance:
Proved the ownership of plaintiffs over item No.6 property.
Reference:
Ext.A1
Document Type:
Land Tax Receipt
Submitted By:
Plaintiff
Relevance:
Supported the claim related to the partition deed.
Reference:
Ext.A2
Document Type:
Survey Commission Report
Submitted By:
Court
Relevance:
Identified the plaint schedule property and the encroachment by defendants.
Reference:
Ext.C1
Document Type:
Survey Plan
Submitted By:
Court
Relevance:
Provided details on the boundaries and encroachments impacting the suit.
Reference:
Ext.C1(a)
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Kottayam
State
Kerala
Court Establishment
Munsiff Court Vaikom
Common Reasons
Case Code
Case between Kamala Veni et al vs Rajan et al regarding injunction and fixing the boundaries.
Case Code Year
Case between Kamala Veni et al vs Rajan et al regarding injunction and fixing the boundaries.