Case Summary
The plaintiffs, K.E. Varghese and Eliamma Varghese, seek relief regarding their property and encroachment issues against defendant P.C. Benny. The case involves ownership, trespassing, and obstruction of access to their properties.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Defendant is restrained from trespassing into the plaint schedule item no.1 and 2 properties and from causing obstruction to the user of plaint schedule item no.4 way.
Case Type
Civil Suit
Final Judgment
No
The court has restrained the defendant from trespassing into the plaintiffs' properties and obstructing their usage of the pathways. Similarly, the defendant has been prohibited from causing any obstruction to the plaint schedule item no.2 way.
Why Plaintiff Won:
The plaintiffs established their ownership and connected evidences of usage rights over the properties in question.
The plaintiffs established their ownership and connected evidences of usage rights over the properties in question.
Losing Side's Weaknesses:
Not available
Not available
Supporting Evidence
The plaintiffs could not prove the existence of earthwork or right over it as alleged. However, the plaintiffs could establish the existence of the plaint schedule item no.4 way.
Judgment Evidence:
In the result, O.S. 147/2015 is decreed as follows; The defendants are restrained from causing obstruction to the user of the plaint schedule item no.2 way (as mentioned in OS 147/15) or commit waste or mischief therein. O.S. 164/2015 is decreed as follows; The defendant is restrained from trespassing into the plaint schedule item no.1 and 2 properties which are lying within the granite fencing.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- K.E. Varghese
- Party Age
- 69
- Relation
- S/o
- Party Role
- Plaintiff
- Party Name
- Eliamma Varghese
- Party Age
- 66
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- P.C. Benny
- Party Age
- 55
- Relation
- S/o
Plaintiffs Documents
Copy of Sale Deed No. 2166/1982, Copy of Sale Deed No. 3058/1986, Tax Receipt, Possession Certificate
Defendants Documents
Copy of Sale Deed no. 1249/1994, Copy of Sale Deed no. 2060/1977, Tax Receipt
Advocates
- Party Role
- Plaintiff
- Advocate Name
- P.V. Joseph
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- C.I. Easaw
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Bobby John
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Siju K. Issac
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Asha Antony
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
The defendant is restrained from trespassing into the plaint schedule item no.1 and 2 properties.
Evidence:
O.S. 164/2015 is decreed as follows; The defendant is restrained from trespassing into the plaint schedule item no.1 and 2 properties which are lying within the granite fencing.
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
The defendants are restrained from causing obstruction to the user of the plaint schedule item no.2 way.
Evidence:
O.S. 147/2015 is decreed as follows; The defendants are restrained from causing obstruction to the user of the plaint schedule item no.2 way.
Relief Type:
Recovery
Outcome:
Not Decided
Description:
To recover the possession of plaint schedule item no.3 from the defendant.
Evidence:
The plaintiffs prayed to fix the southern boundary of plaint schedule item no.1 property with the plaint schedule item no.5 property owned by the defendant, to recover the possession of plaint schedule item no.3 from the defendant.
Documents & Evidence
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
Exhibit A1 is the certified copy of Sale deed no. 2166/1982 whereby the plaintiffs obtained property admeasuring 52.81 ares.
Reference:
Ext.A1
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
Exhibit A2 is the certified copy of Sale deed no. 3058/1986, whereby the plaintiffs obtained title over 3.94 ares.
Reference:
Ext.A2
Document Type:
Tax receipt
Submitted By:
Plaintiff
Relevance:
Tax receipt evidencing the plaintiffs' payment of land tax.
Reference:
Ext.A3
Document Type:
Possession Certificate
Submitted By:
Plaintiff
Relevance:
Possession certificate establishing the plaintiffs' ownership.
Reference:
Ext.A4
Document Type:
Survey Plan
Submitted By:
Plaintiff
Relevance:
Survey plan pertaining to the property in question.
Reference:
Ext.A5
Document Type:
Application to Village Officer
Submitted By:
Plaintiff
Relevance:
Application regarding the property to the village officer.
Reference:
Ext.A6
Document Type:
Notice
Submitted By:
Plaintiff
Relevance:
Notice informing about the proceedings.
Reference:
Ext.A7
Document Type:
Notice
Submitted By:
Plaintiff
Relevance:
Follow-up notice regarding property.
Reference:
Ext.A8
Document Type:
Notice
Submitted By:
Plaintiff
Relevance:
Further notice pertaining to property rights.
Reference:
Ext.A9
Document Type:
Application to Tahsildar
Submitted By:
Plaintiff
Relevance:
Application to the Tahsildar regarding the property.
Reference:
Ext.A10
Document Type:
Report
Submitted By:
Plaintiff
Relevance:
Report related to the property status.
Reference:
Ext.A11
Document Type:
Complaint
Submitted By:
Plaintiff
Relevance:
Complaint lodged regarding property encroachment.
Reference:
Ext.A12
Document Type:
Complaint
Submitted By:
Plaintiff
Relevance:
Further complaint about ongoing issues.
Reference:
Ext.A13
Document Type:
Letter
Submitted By:
Plaintiff
Relevance:
Letter to the District Superintendent of Police.
Reference:
Ext.A14
Document Type:
Reply letter
Submitted By:
Plaintiff
Relevance:
Reply from District Sainik Welfare Officer.
Reference:
Ext.A15
Document Type:
Sale deed
Submitted By:
Defendant
Relevance:
Exhibit B1 is the certified copy of Sale deed no. 1249/1994 whereby the defendant obtained property.
Reference:
Ext.B1
Document Type:
Sale deed
Submitted By:
Defendant
Relevance:
Exhibit B2 is the certified copy of Sale deed no. 2060/1977.
Reference:
Ext.B2
Document Type:
Tax receipt
Submitted By:
Defendant
Relevance:
Tax receipt evidencing the defendant's payment of land tax.
Reference:
Ext.B3
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Exhibit C1 series are the report and the sketch prepared by the Advocate Commissioner.
Reference:
Ext.C1
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Exhibit C2 series are also commission reports related to the property.
Reference:
Ext.C2
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Exhibit C3 series are further commission reports concerning the property.
Reference:
Ext.C3
Document Type:
Rough Sketch
Submitted By:
Court
Relevance:
Rough sketch included in the commission report.
Reference:
Ext.C1(a)
Document Type:
Plan
Submitted By:
Court
Relevance:
Plan related to the commission report.
Reference:
Ext.C2(a)
Document Type:
Rough Sketch
Submitted By:
Court
Relevance:
Rough sketch included in the commission report.
Reference:
Ext.C3(a)
Case Classification
Case Type
Civil Suit
Category
Property and Possession Disputes
District
Kottayam
State
Kerala
Court Establishment
Munsiff Court, Kottayam
Common Reasons
Unauthorized occupation
Case Code
Case between K.E. Varghese et al vs P.C. Benny regarding fixation, declaration and injunction.
Case Code Year
Case between K.E. Varghese et al vs P.C. Benny regarding fixation, declaration and injunction.