Case Summary
The plaintiff K.S.Suseeladevi @ Suseela, after her husband's death, filed a suit against Seetha and her son Rajesh regarding a property dispute. The case involves a claim for a right of passage and injunction against the defendants who encroached upon the plaintiff's property.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Defendants are directed to remove the encroaching boundary and restore the passage way within two months.
Case Type
Civil Suit
Final Judgment
No
The suit was decreed in favor of the plaintiff, mandating the defendants to remove boundary constructions they made encroaching on the plaintiff's property.
Why Plaintiff Won:
The evidence presented by the plaintiff was unchallenged and established her right over the property.
The evidence presented by the plaintiff was unchallenged and established her right over the property.
Losing Side's Weaknesses:
The evidence presented by the plaintiff was unchallenged and established her right over the property.
The evidence presented by the plaintiff was unchallenged and established her right over the property.
Supporting Evidence
Going through the Ext.C1 and C1(a) commission report and plan it can be seen that the PW2 commissioner had identified the plaint schedule properties. The evidence adduced by the plaintiff was unchallenged. From the unchallenged evidence, I am of the view that plaintiff had succeeded in establishing her case and she is entitled to get a decree as prayed for.
Judgment Evidence:
In the result, suit is decreed with costs as follows: Defendants are directed by a decree of mandatory injunction to remove the item No.3 boundary marks which the defendants have forcefully constructed by encroaching upon item No.1 property and to restore the 3 meter gap entry point from item No.1 to 2 at the southern end of item No.1 as part of item No.3 with in a period of two months from the date of decree.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- K.S.Suseeladevi @ Suseela
- Party Age
- 60
- Relation
- D/o
- Party Role
- Defendant
- Party Name
- Seetha
- Party Age
- 72
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Rajesh
- Party Age
- 34
- Relation
- S/o
Plaintiffs Documents
Original sale deed No. 3201/1994 of Thalayolaparambu SRO, Land Tax Receipt No. KL 05050508235/2020 issued from Kulasekharamangalam Village Office.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- K.G.Pradeepan
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Aswathy Jinadevan
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Mandatory Injunction
Outcome:
Granted
Description:
Defendants are directed to remove the boundary marks constructed by encroaching upon item No.1 property and restore the gap entry point.
Evidence:
Defendants are directed by a decree of mandatory injunction to remove the item No.3 boundary marks which the defendants have forcefully constructed by encroaching upon item No.1 property and to restore the 3 meter gap entry point from item No.1 to 2 at the southern end of item No.1 as part of item No.3 with in a period of two months from the date of decree.
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
Defendants are restrained from trespassing into the plaint schedule item No.1 and 2 properties and causing any disturbances.
Evidence:
The defendants and their men are restrained by an order of permanent prohibitory injunction from trespassing into the plaint schedule item No.1 and 2 properties, destroy its boundaries, causing any disturbance or obstructions on the southern boundary of item No.1 and on item No.2 way.
Relief Type:
Costs
Outcome:
Granted
Description:
Plaintiff is entitled to get costs from the defendants.
Evidence:
The plaintiff is entitled get costs from the defendants.
Documents & Evidence
Document Type:
Original Sale Deed
Submitted By:
Plaintiff
Relevance:
Establishes plaintiff's ownership and possession of the item No.1 property.
Reference:
Ext.A1
Document Type:
Land Tax Receipt
Submitted By:
Plaintiff
Relevance:
Supports plaintiff's claim of ownership and possession by providing evidence of tax payments.
Reference:
Ext.A2
Document Type:
Urgent Commission report
Submitted By:
Court
Relevance:
Details findings regarding the property and pathways relevant to the case.
Reference:
Ext.C1
Document Type:
Rough Sketch
Submitted By:
Court
Relevance:
Visual representation of the property layout as part of the commission report.
Reference:
Ext.C1(a)
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Kottayam
State
Kerala
Court Establishment
Munsiff Court Vaikom
Common Reasons
Case Code
Case between K.S.Suseeladevi @ Suseela vs Seetha et al regarding mandatory as well as permanent prohibitory injunction
Case Code Year
Case between K.S.Suseeladevi @ Suseela vs Seetha et al regarding mandatory as well as permanent prohibitory injunction