Case Summary
The plaintiffs, Kunjumol and Aloysius, are husband and wife seeking a permanent injunction against the defendants, including the Kollam Corporation and other governmental bodies. They claim to have continuous possession of 3.5 cents of land against illegal encroachment and threats from individuals affiliated with the defendants.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Defendants are restrained from interfering with the plaintiffs' peaceful use, possession and enjoyment of the plaint A schedule property.
Case Type
Civil Suit
Final Judgment
No
The court decreed the suit in favor of the plaintiffs by restraining the defendants from interfering with the plaintiffs' use and possession of the disputed land. The plaintiffs were also entitled to recover costs from the defendant.
Why Plaintiff Won:
The plaintiffs proved their case by demonstrating continuous adverse possession of the land since 1965 without interruption.
The plaintiffs proved their case by demonstrating continuous adverse possession of the land since 1965 without interruption.
Losing Side's Weaknesses:
Not available
Not available
Supporting Evidence
By producing Exts. A1 to A7 and by deposing in tune with the plaint averments in the affidavit, the plaintiffs have succeeded in proving her case. Moreover, there is no evidence to rebut the evidence adduced on the side of the plaintiff.
Judgment Evidence:
In the result, this suit is decreed as follows: (i) The defendants and their men are restrained from interfering with the plaintiffs’ peaceful use, possession and enjoyment of the plaint A schedule property and from attempting to recover possession of the plaint B schedule portions of A schedule property without complying with the statutory provisions contained in the Land Conservancy Act and other relevant statutory provisions.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Kunjumol
- Party Age
- 42
- Relation
- D/o
- Party Role
- Plaintiff
- Party Name
- Aloysius
- Party Age
- 45
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- The Kollam Corporation
- Relation
- Represented by
- Party Role
- Defendant
- Party Name
- The Additional Secretary, Kollam Corporation Zonal Office
- Party Role
- Defendant
- Party Name
- The State of Kerala
- Relation
- Represented by
- Party Role
- Defendant
- Party Name
- The Taluk Tahasildar
- Party Role
- Defendant
- Party Name
- The Village Officer
Plaintiffs Documents
Original Kudikidappu Patta No. 98/1970, Certified copy of release deed No. 5826/2001, Certified copy of release deed No. 5588/2002, Property tax receipt dated 26/04/2023, Certified copy of commission report dated 10/02/2020, Certified copy of judgment dated 16/11/2020, Certified copy of decree dated 16/11/2020.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Maranadu G Krishnalumar
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Athulya Manohar
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- S. K. Raghupalan
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Remya Raghupal
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
Injunction preventing the defendants from interfering with the plaintiffs' possession of the property.
Evidence:
The defendants and their men are restrained from interfering with the plaintiffs’ peaceful use, possession and enjoyment of the plaint A schedule property.
Relief Type:
Costs
Outcome:
Granted
Description:
Plaintiff entitled to recover costs of the suit from the defendant.
Evidence:
The plaintiff is entitled to realise costs of the suit from the defendant.
Documents & Evidence
Document Type:
Kudikidappu Patta
Submitted By:
Plaintiff
Relevance:
Original Kudikidappu Patta proving the plaintiff's rights over the land.
Reference:
Ext.A1
Document Type:
Release deed
Submitted By:
Plaintiff
Relevance:
Certified copy of release deed demonstrating transfer of rights to the second plaintiff.
Reference:
Ext.A2
Document Type:
Release deed
Submitted By:
Plaintiff
Relevance:
Certified copy of another release deed showing the transfer of land rights.
Reference:
Ext.A3
Document Type:
Tax receipt
Submitted By:
Plaintiff
Relevance:
Property tax receipt evidencing the plaintiffs' continuous possession and use of the property.
Reference:
Ext.A4
Document Type:
Commission Report
Submitted By:
Plaintiff
Relevance:
Certified copy of commission report confirming the possession of the property by the plaintiffs.
Reference:
Ext.A5
Document Type:
Judgment
Submitted By:
Plaintiff
Relevance:
Certified copy of prior judgment relevant to the ownership dispute over the property.
Reference:
Ext.A6
Document Type:
Decree
Submitted By:
Plaintiff
Relevance:
Certified copy of decree from the previous judgment securing the plaintiffs' rights.
Reference:
Ext.A7
Case Classification
Case Type
Civil Suit
Category
Property and Possession Disputes
District
Kollam
State
Kerala
Court Establishment
Munsiff Court Kollam
Common Reasons
Unauthorized occupation
Case Code
Case between Kunjumol vs The Kollam Corporation et al regarding permanent injunction.
Case Code Year
Case between Kunjumol vs The Kollam Corporation et al regarding permanent injunction.