Case Summary
The plaintiff, Karthikeyan, is seeking legal relief for encroachment and unlawful demolition of his property by the defendants, which led to the removal of boundary walls and unauthorized construction. The defendants deny the allegations and claim continuous usage of a pathway.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The plaintiff is entitled to recover possession of the plaint B schedule property and the defendants are directed to remove the concrete pathway and reconstruct the boundary walls.
Case Type
Civil Suit
Final Judgment
No
The court decreed the suit in favor of the plaintiff, confirming his ownership and possession over the disputed property while ordering the defendants to demolish the illegal constructions and restore the boundaries.
Why Plaintiff Won:
The plaintiff successfully proved his title and continuous possession of the property, supporting his claims with sufficient documentary evidence.
The plaintiff successfully proved his title and continuous possession of the property, supporting his claims with sufficient documentary evidence.
Losing Side's Weaknesses:
Not available
Not available
Supporting Evidence
The plaintiff has established his title over the plaint A schedule property through Exhibit A3 title deed, under which the property was obtained by him...
Judgment Evidence:
In the result, the suit is decreed with costs as follows: 1. It is declared that the plaint B schedule property forms part of plaint A schedule property. 2. The boundary of plaint A schedule property is fixed by giving letters ABCDEA, as shown in Exhibit C1(b) plan...
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Karthikeyan
- Party Age
- 68
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Basheerkutty
- Party Age
- 65
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Aliyar
- Party Age
- 45
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Suneer
- Party Age
- 40
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- V.Sadasivan Pillai
- Party Age
- 57
- Party Role
- Defendant
- Party Name
- B. Subhash
- Party Age
- 50
Plaintiffs Documents
Tax Receipt, Settlement Deed, Police Complaint, FIR, Various Panchayat Documents.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- G.Gopakumar
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- K.Jayan
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Declaration
Outcome:
Granted
Description:
The plaint B schedule property is declared to be part of the plaint A schedule property.
Evidence:
It is declared that the plaint B schedule property forms part of plaint A schedule property.
Relief Type:
Mandatory Injunction
Outcome:
Granted
Description:
Defendants are directed to remove and demolish the concrete pathway laid in the plaint B schedule property.
Evidence:
The defendants are directed to remove and demolish the concrete pathway laid in the plaint B schedule property.
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff is entitled to recover possession of the plaint B schedule property.
Evidence:
The plaintiff is entitled to realise the possession of plaint B schedule property, ie., ‘ABEA’ plot as shown in C1(b) plan.
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
Defendants are permanently restrained from trespassing into the plaint A and B schedule properties.
Evidence:
The defendants and their men are permanently restrained from trespassing into the plaint A and B schedule properties.
Documents & Evidence
Document Type:
Tax receipt
Submitted By:
Plaintiff
Relevance:
Shows the plaintiff's continuous payment of land tax for the plaint A schedule property.
Reference:
Ext.A1
Document Type:
Settlement Deed
Submitted By:
Plaintiff
Relevance:
Establishes the plaintiff's title over the plaint A schedule property.
Reference:
Ext.A3
Document Type:
Complaint
Submitted By:
Plaintiff
Relevance:
Documents the plaintiff's allegations of trespass by the defendants.
Reference:
Ext.A4
Document Type:
F.I.R
Submitted By:
Plaintiff
Relevance:
Indicates that a crime was registered against the defendants based on the plaintiff's complaint.
Reference:
Ext.A5
Document Type:
Document
Submitted By:
Plaintiff
Relevance:
Show that the Panchayat did not encroach on the plaintiff’s property or cut any road through it.
Reference:
Ext.A7 to A15
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Provides a detailed account confirming that the plaint B schedule property is part of the plaint A schedule property.
Reference:
Ext.C1
Document Type:
Survey Plan
Submitted By:
Court
Relevance:
Visually represents the boundary of the property as determined by the court.
Reference:
Ext.C1(b)
Case Classification
Case Type
Civil Suit
Category
Property and Possession Disputes
District
Kollam
State
Kerala
Court Establishment
Munsiff Court Kollam
Common Reasons
Case Code
Case between Karthikeyan vs Basheerkutty et al regarding declaration, fixation of boundary and injunction.
Case Code Year
Case between Karthikeyan vs Basheerkutty et al regarding declaration, fixation of boundary and injunction.