Case Summary
The plaintiffs, Kuruvila and Mercy Kuruvila, are seeking a declaration of title and recovery of possession over certain properties they claim were encroached upon by the defendants, government officials. The defendants, on the other hand, are denying the illegality of their actions and seeking the dismissal of the suit.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Title and possession of the encroached properties, permanent prohibitory injunction against the defendants, and costs of the suit.
Case Type
Civil Suit
Final Judgment
No
The court decreed in favor of the plaintiffs, granting them titles and possession of the properties encroached upon by the defendants, and issued a permanent injunction against the defendants from further trespassing.
Why Plaintiff Won:
Plaintiffs proved their ownership and the encroachment by the defendants.
Plaintiffs proved their ownership and the encroachment by the defendants.
Losing Side's Weaknesses:
Plaintiffs proved their ownership and the encroachment by the defendants.
Plaintiffs proved their ownership and the encroachment by the defendants.
Supporting Evidence
Plaintiffs succeeded in proving their ownership and possession over the plaint schedule properties and defendants encroached the portions of the plaint schedule properties...
Judgment Evidence:
In the result, the suit is decreed as follows. 1. Title and Possession of the 1st plaintiff over plaint schedule item No.6 property... 2. Title and Possession of the 2nd plaintiff over plaint schedule item No.7... 3. The defendants are directed to give vacant possession of the plaint schedule properties 6 to 9 within two months to the plaintiffs.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Kuruvila
- Party Age
- 64
- Relation
- S/o
- Party Role
- Plaintiff
- Party Name
- Mercy Kuruvila
- Party Age
- 60
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Assistant Executive Engineer, P.W.D. Road, Sub Division, Ranni
- Party Role
- Defendant
- Party Name
- Assistant Engineer, P.W.D. Road, Section
- Party Role
- Defendant
- Party Name
- Kerala State, represented by District Collector
- Party Role
- Defendant
- Party Name
- Raji Mathew
- Party Age
- 45
Plaintiffs Documents
Sale Deed No. 437/1983, Settlement Deed No. 1703/1999, Sale Deed No. 1684/1999, Settlement Deed No. 1687/1999, Tax receipts.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- George Kurian
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- K.R. Shaji
- Appearance Type
- Government Pleader
- Law Firm
- Government Pleader
Reliefs
Relief Type:
Declaration
Outcome:
Granted
Description:
Declaration of title and possession over plaint schedule item No.6 to 9.
Evidence:
The plaintiffs are entitled for a decree of declaration of title with respect to the property annexed by the defendants.
Relief Type:
Eviction
Outcome:
Granted
Description:
Eviction of defendants from plaint schedule properties 6 to 9.
Evidence:
The defendants are directed to give vacant possession of the plaint schedule properties 6 to 9 within two months to the plaintiffs.
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
Permanent prohibitory injunction against the defendants from trespassing on the plaint schedule properties.
Evidence:
The defendants are restrained by a decree of permanent prohibitory injunction from trespassing on the plaint schedule properties 1 to 9.
Documents & Evidence
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
Certified copy of the sale deed showing the property obtained by the 1st plaintiff.
Reference:
Ext.A1
Document Type:
Tax receipt
Submitted By:
Plaintiff
Relevance:
Tax receipts corresponding to the plaint schedule item No.1 property.
Reference:
Ext.A2, Ext.A3
Document Type:
Settlement Deed
Submitted By:
Plaintiff
Relevance:
Certified copy of the settlement deed showing the property obtained by the 2nd plaintiff.
Reference:
Ext.A4
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
Certified copy of the sale deed related to plaint schedule item No.3 and 5.
Reference:
Ext.A5
Document Type:
Settlement Deed
Submitted By:
Plaintiff
Relevance:
Certified copy of the settlement deed related to plaint schedule item No.4.
Reference:
Ext.A6
Document Type:
Tax receipt
Submitted By:
Plaintiff
Relevance:
Tax receipts corresponding to plaint schedule item No.2 to 5 properties.
Reference:
Ext.A7, Ext.A8
Document Type:
Re-Survey Plan
Submitted By:
Plaintiff
Relevance:
Copy of the re-survey plan of the field relevant to the case.
Reference:
Ext.A9
Document Type:
Lawyers notice
Submitted By:
Plaintiff
Relevance:
Office copy of the notice prepared by the advocate regarding the case.
Reference:
Ext.A10
Document Type:
Reply letter
Submitted By:
Plaintiff
Relevance:
Reply letters from Assistant Executive Engineer and Executive Engineer regarding the case.
Reference:
Ext.A12, Ext.A13
Document Type:
Mahazar
Submitted By:
Court
Relevance:
Commissioner's reports and plans showing the encroachment.
Reference:
Ext.C1, Ext.C1(a), Ext.C2, Ext.C2(a), Ext.C3, Ext.C3(a)
Case Classification
Case Type
Civil Suit
Category
Property and Possession Disputes
District
Kottayam
State
Kerala
Court Establishment
Munsiff Court Kanjirappally
Common Reasons
Unauthorized occupation
Case Code
O.S
Case Code Year
2018