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
The court decreed in favor of the plaintiff, granting him recovery of possession and a mandatory injunction against the defendants. The defendants were directed to cease illegal construction on the plaintiff's property.
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.
Losing Side's Weaknesses:
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.
Supporting Evidence
The measurement was undertaken after giving notice to both the parties and thus the report and sketch forms part of the record in this case. From the report of the advocate commissioner, and the sketch prepared by the surveyor, it can be ascertained that the defendant has encroached upon an area covering 320 sq links which belongs to the plaintiff as per the title.
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
Parties
- Party Role
- Plaintiff
- Party Name
- K.N.Ramachandran
- Party Age
- 63
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Kunjappan
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Shatha Kunjappan
- Party Age
- 56
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Sindhu
- Party Age
- 33
- Relation
- D/o
- Party Role
- Defendant
- Party Name
- Sini
- Party Age
- 30
- Relation
- D/o
Plaintiffs Documents
Original of sale deed no. 2929/95, Original of sale deed no. 3654/94, Certified copy of the partition deed no. 4530/92
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- A.T.Anil Kumar
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- P.M.Benson
- Appearance Type
- Main Counsel
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)
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Common Reasons
Case Code
Case between K.N.Ramachandran vs Kunjappan et al regarding recovery of possession and injunction
Case Code Year
Case between K.N.Ramachandran vs Kunjappan et al regarding recovery of possession and injunction