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ORIGINAL SUIT No. 60 OF 2014

Case between Machincheri Thoombil Kunhipathumma et al vs Visarath Koya regarding fixation of property boundaries

Court
COURT OF THE MUNSIFF OF TIRUR
Judge
Sri. JANKISH NARAYANAN
Order Date
2019-07-03
Duration
Case Closed

Judgement document from eCourt website

Judgment Document
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Case Summary

The plaintiffs, Machincheri Thoombil Kunhipathumma and her son Abdul Majeed, are involved in a boundary dispute with the defendant, Visarath Koya. The case seeks to fix and establish the northern, southern, and western boundaries of the plaint A schedule property.

Judgment Outcome

Plaintiff Won
Interim Order
The court has fixed the boundaries of the plaint A schedule property, granting a permanent injunction against the defendant from trespassing into the property.
Judgment Favored
Plaintiff
Relief Granted
Permanent prohibitory injunction against the defendant from trespassing into the plaint A schedule property
Case Type
Civil Suit
Final Judgment
No
The court has fixed the boundaries of the plaint A schedule property, granting a permanent injunction against the defendant from trespassing into the property.
Why Plaintiff Won:
The plaintiffs proved their title and possession over the plaint A schedule property while the defendant failed to substantiate his claims.
Losing Side's Weaknesses:
Not available
Supporting Evidence
The measurements of the A schedule property shown in Ext. C4 plan are tallying with the measurements contained in Ext. A1 title document of the plaintiff.

Judgment Evidence:

In the result, the suit is decreed as follows: 1. The boundaries of the plaint A schedule property are fixed as follows: (a). The southern boundary of the A schedule property is fixed as 'Q-R-M' line in Ext. C4 plan, (b). The northern boundary of the plaint A schedule property is fixed as 'B-C-D' line in Ext. C4 plan, (c). The western boundary of the plaint A schedule property is fixed as 'B-Q' line in Ext. C4 plan.

Parties Involved

Parties

Party Role
Plaintiff
Party Name
Machincheri Thoombil Kunhipathumma
Party Age
63
Relation
W/o
Party Role
Plaintiff
Party Name
Abdul Majeed
Party Age
43
Relation
S/o
Party Role
Defendant
Party Name
Visarath Koya
Party Age
60
Relation
S/o
Plaintiffs Documents
Jenmam Assignment Deed No. 928/1975, Tax receipts dated 31-12-2010, 29-10-2014, 22-04-2015, and 18-08-2016.
Defendants Documents
Certified copy of Plaint in OS 313/11, Certified copy of Commission Report in OS 313/11, Certified copy of Commission Sketch in OS 313/11, Certified copy of Judgment in OS 238/13, Certified copy of Decree in OS 238/13.

Advocates

Party Role
Plaintiff
Advocate Name
Sri. V.Chandrasekharan
Appearance Type
Main Counsel
Party Role
Plaintiff
Advocate Name
Sri.Vipin Chandrasekhar
Appearance Type
Assisting Counsel
Party Role
Defendant
Advocate Name
Sri.K.A.Padmakumar
Appearance Type
Main Counsel

Reliefs

Relief Type: Permanent Injunction
Outcome: Granted
Description:
The defendant is restrained from trespassing into the plaint A schedule property.
Evidence:
The defendant is restrained by a decree of permanent prohibitory injunction from trespassing into the plaint A schedule property and from interfering with the possession of the plaintiff over the plaint A schedule property.
Relief Type: Declaration
Outcome: Granted
Description:
The boundaries of the plaint A schedule property are fixed.
Evidence:
The boundaries of the plaint A schedule property are fixed follows: (a). The southern boundary of the A schedule property is fixed as 'Q-R-M' line in Ext. C4 plan, (b). The northern boundary of the plaint A schedule property is fixed as 'B-C-D' line In Ext. C4 plan, (c). The western boundary of the plaint A schedule property is fixed as 'B-Q' line in Ext. C4 plan.

Documents & Evidence

Document Type: Janmam Assignment Deed
Submitted By: Plaintiff
Relevance:
Proves the plaintiff's title and possession over the plaint A schedule property.
Reference:
Ext.A1
Document Type: Mumbattam Assignment Deed
Submitted By: Plaintiff
Relevance:
Relates to the property held by the defendant on the southern boundary of the plaint A schedule property.
Reference:
Ext.A2
Document Type: Tax receipt
Submitted By: Plaintiff
Relevance:
Tax receipt supports the plaintiff's claim of possession over plaint A schedule property.
Reference:
Ext.A3(a)
Document Type: Tax receipt
Submitted By: Plaintiff
Relevance:
Tax receipt supports the plaintiff's claim of possession over plaint A schedule property.
Reference:
Ext.A3(b)
Document Type: Tax receipt
Submitted By: Plaintiff
Relevance:
Tax receipt supports the plaintiff's claim of possession over plaint A schedule property.
Reference:
Ext.A3(c)
Document Type: Tax receipt
Submitted By: Plaintiff
Relevance:
Tax receipt supports the plaintiff's claim of possession over plaint A schedule property.
Reference:
Ext.A3(d)
Document Type: Written Statement
Submitted By: Plaintiff
Relevance:
Documents related to the previous suit O.S. 313/2011 which establishes the context of the current dispute.
Reference:
Ext.A4
Document Type: Plaint
Submitted By: Defendant
Relevance:
Related to the previous suit O.S. 313/2011 providing context to the current boundary dispute.
Reference:
Ext.B1
Document Type: Commission Report
Submitted By: Defendant
Relevance:
Commissioner's findings relevant to the boundary dispute between the plaintiff and defendant.
Reference:
Ext.B2
Document Type: Commission sketch
Submitted By: Defendant
Relevance:
Visual representation related to the commission report concerning the properties.
Reference:
Ext.B3
Document Type: Judgment
Submitted By: Defendant
Relevance:
Previous judgment providing context to the dispute and claims of the defendant.
Reference:
Ext.B4
Document Type: Decree
Submitted By: Defendant
Relevance:
Previous decree related to the judgment which influences the current case.
Reference:
Ext.B5
Document Type: Commission Report
Submitted By: Court
Relevance:
Reported findings relevant to the boundary dispute that helped in the judgment.
Reference:
Ext.C1
Document Type: Commission Plan
Submitted By: Court
Relevance:
Plan submitted by the Advocate Commissioner aiding in the boundary determination.
Reference:
Ext.C2
Document Type: Commission Report
Submitted By: Court
Relevance:
Further commission report supporting the court's findings on the property boundaries.
Reference:
Ext.C3
Document Type: Commission Plan
Submitted By: Court
Relevance:
Plan detailing the boundaries in relation to the plaint A schedule property.
Reference:
Ext.C4

Case Classification

Case Type
Civil Suit
Category
Other Civil Cases
District
Malappuram
State
Kerala
Court Establishment
Munsiff Court, Tirur / Rent Control Court
Common Reasons
Case Code
Case between Machincheri Thoombil Kunhipathumma et al vs Visarath Koya regarding fixation of property boundaries
Case Code Year
Case between Machincheri Thoombil Kunhipathumma et al vs Visarath Koya regarding fixation of property boundaries

Quick Facts

Location
District
Malappuram
State
Kerala
Court Establishment
Munsiff Court, Tirur / Rent Control Court
Case Filed
Case Closed
From
Mon, 07/01/2019 - 12:00
To
Wed, 07/31/2019 - 12:00
Outcome Confidence
90%

Involved Entities

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