Case Summary
K.C. Balan is the plaintiff seeking a perpetual prohibitory injunction against the defendants to prevent them from trespassing on his property. The defendants include Rajammal and several others, with ownership disputes leading to allegations of adverse possession and attempted trespass.
Judgment Outcome
Judgment Favored
Defendant
Relief Granted
Case Type
Civil Suit
Final Judgment
No
The suits OS 223/2014 and OS 335/2014 are dismissed due to lack of evidence of the plaintiff's possession and the identity of the plaint schedule property. OS 816/2015 is dismissed for default as the plaintiff did not appear.
Key Reasoning:
The defendants demonstrated that the plaintiff did not prove possession or identity of the property in question.
The defendants demonstrated that the plaintiff did not prove possession or identity of the property in question.
Why Defendant Won:
Not available
Not available
Supporting Evidence
The plaintiff failed to prove the identity of the plaint schedule property and the cause of action as alleged was found to be not true.
Judgment Evidence:
In the result, OS 223/2014 and OS 335/2014 are dismissed. No costs. In the result, OS 816/2015 is dismissed for default.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- K.C. Balan
- Party Age
- 69
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Mandakam veettil Rajammal(Died)
- Party Age
- 70
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Usha
- Party Age
- 50
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Shanmughan
- Party Age
- 60
- Relation
- H/o
- Party Role
- Defendant
- Party Name
- Sathyan
- Party Age
- 26
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Sajju
- Party Age
- 28
- Relation
- S/o
Plaintiffs Documents
Settlement deed No. 815/13, Land tax receipt, Possession certificate
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. E.M. Vijayan
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Anil Viswanathan
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Injunction
Outcome:
Refused
Description:
The plaintiff sought a perpetual prohibitory injunction against the defendants.
Evidence:
Court found that the possession and identity of the plaint schedule property is not proven.
Relief Type:
Mandatory Injunction
Outcome:
Not Decided
Description:
Amended plaint incorporated relief for mandatory injunction to remove constructions by defendants.
Evidence:
Court discussed the amended plaint but did not decide on the mandatory injunction.
Relief Type:
Other
Outcome:
Dismissed
Description:
The suit was dismissed in its entirety.
Evidence:
The court concluded the plaintiff failed to prove cause of action and the identity of the property.
Documents & Evidence
Document Type:
Settlement Deed
Submitted By:
Plaintiff
Relevance:
Shows the plaintiff's title to the plaint schedule property.
Reference:
Ext.A1
Document Type:
Land Tax Receipt
Submitted By:
Plaintiff
Relevance:
Supports the plaintiff's claim of possession of the plaint schedule property.
Reference:
Ext.A2
Document Type:
Possession Certificate
Submitted By:
Plaintiff
Relevance:
Establishes proof of the plaintiff's possession of the property.
Reference:
Ext.A3
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
Demonstrates the plaintiff's acquisition of the plaint schedule property.
Reference:
Ext.A10
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Provides a report on the property boundaries and conditions.
Reference:
Ext.C1
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Further assesses the property boundaries and adjacent properties.
Reference:
Ext.C2
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Continues the assessment of the properties in question.
Reference:
Ext.C3
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Last report fortifying previous assessments.
Reference:
Ext.C4
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Kozhikode
State
Kerala
Court Establishment
Munsiff Court 2 Kozhikode
Common Reasons
Case Code
Case between K.C. Balan vs Mandakam veettil Rajammal et al regarding perpetual prohibitory injunction
Case Code Year
Case between K.C. Balan vs Mandakam veettil Rajammal et al regarding perpetual prohibitory injunction