Case Summary
The plaintiff, K.N.Ramachandran, is seeking recovery of possession and injunction against the defendants, including Kunjappan and others, for illegal construction on his property. The case revolves around allegations of trespass and obstruction to the plaintiff's access to his property.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Recovery of possession and mandatory injunction to demolish illegal constructions.
Case Type
Civil Suit
Final Judgment
No
Why Plaintiff Won:
The plaintiff proved ownership and illegal encroachment by the defendants on his property.
The plaintiff proved ownership and illegal encroachment by the defendants on his property.
Judgment Evidence:
Plaintiff is entitled for recovery of possession of the area depicted in yellow shade in Ext.C1(a) plan. Defendants are directed to surrender vacant possession of the area depicted in yellow shades in Ext C1(a) plan within three months from the date of the decree failing which plaintiff can secure the same through the court.
Parties Involved
Plaintiffs
K.N.Ramachandran (63 years years)
Kalattu house, Vattekunnam, Milma Dary road, Edapally North, Cochin - 682 024
Defendants
Kunjappan (Age not specified years)
Velamakandathil house, Mundakapadath road, Cheranelloor village, Kanayannur taluk, Cheranellur, Ernakulam
Shatha Kunjappan (56 years years)
Velamakandathil house, Mundakapadath road, Cheranelloor village, Kanayannur taluk, Cheranellur, Ernakulam
Sindhu (33 years years)
Velamakandathil house, Mundakapadath road, Cheranelloor village, Kanayannur taluk, Cheranellur, Ernakulam
Sini (30 years years)
Velamakandathil house, Mundakapadath road, Cheranelloor village, Kanayannur taluk, Cheranellur, Ernakulam
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff is entitled for recovery of possession of encroached area.
Evidence:
Plaintiff is entitled for recovery of possession of the area depicted in yellow shade in Ext.C1(a) plan.
Relief Type:
Mandatory Injunction
Outcome:
Granted
Description:
Defendants are directed to demolish illegal structures on plaintiff's property.
Evidence:
Defendants are hereby directed by way of a mandatory injunction to demolish plaint C schedule structures/constructions within 3 months.
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
Defendants are restrained from new constructions on plaintiff's property.
Evidence:
Defendants, their men, servants and agents, successors in interest and persons claiming under them are restrained from putting up any construction whatsoever into the plaintiff's property.
Documents & Evidence
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
Original of sale deed no. 2929/95 proves the plaintiff's ownership of the property.
Reference:
Ext.A1
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
Original of sale deed no. 3654/94 establishes the chain of title related to the property.
Reference:
Ext.A2
Document Type:
Partition Deed
Submitted By:
Plaintiff
Relevance:
Certified copy of the partition deed no. 4530/92 provides context for the ownership claims.
Reference:
Ext.A3
Document Type:
Commissioner Report
Submitted By:
Court
Relevance:
Commission report filed by Adv. Biju K Chacko details the encroachment on the plaintiff's property.
Reference:
Ext.C1
Document Type:
Sketch
Submitted By:
Court
Relevance:
Sketch prepared by Surveyor visually represents the property boundaries and encroachments.
Reference:
Ext.C1(a)