Case Summary
The case involves a dispute between the plaintiff, Mani.K, and the defendants, Chandra Babu and Mayadevi, regarding the ownership and encroachment of property. The plaintiff claims to have ownership and seeks a declaration and mandatory injunction against the defendants for encroachments.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The plaintiff is entitled to recover the plaint D schedule property and is granted a mandatory injunction against the defendants to demolish the encroached portion of their building.
Case Type
Civil Suit
Final Judgment
No
The court ruled in favor of the plaintiff, recognizing his rights over the property and ordering the defendants to demolish any encroachments. The counterclaim by the defendants was dismissed.
Why Plaintiff Won:
The plaintiff was found to have rightful possession based on evidence presented including survey reports.
The plaintiff was found to have rightful possession based on evidence presented including survey reports.
Losing Side's Weaknesses:
Not available
Not available
Supporting Evidence
The depositions by the plaintiff and the findings in the survey report corroborated the plaintiff's ownership and the encroachments committed by the defendants, establishing a case in favor of the plaintiff.
Judgment Evidence:
In the result, the counter claim is dismissed for default, and the suit is decreed with costs as follows: It is declared that the plaintiff has right, title and possession over the plaint A schedule property.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Mani.K
- Party Age
- 54
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Chandra Babu
- Party Age
- 57
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Mayadevi
- Party Age
- 53
- Relation
- W/o
Plaintiffs Documents
Attested copy of Partition Deed No. 3361/1991, Tax Receipt, Passports (3 Nos), Death Certificate, Certified copy of Resurvey Plan
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- K.Somasekharan Pillai
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- K.Rajeev Krishnan
- Appearance Type
- Assisting Counsel
- Party Role
- Plaintiff
- Advocate Name
- S.R.Prasanth
- Appearance Type
- Assisting Counsel
- Party Role
- Plaintiff
- Advocate Name
- P.Sreekumaran Pillai
- Appearance Type
- Assisting Counsel
- Party Role
- Plaintiff
- Advocate Name
- Aliyazha Sakir
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- R.Sam
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Declaration
Outcome:
Granted
Description:
Declares that the plaintiff has right, title and possession over the plaint A schedule property.
Evidence:
The court declares that the plaintiff has right, title and possession over the plaint A schedule property.
Relief Type:
Recovery
Outcome:
Granted
Description:
Orders recovery of the plaint D schedule property from the defendants.
Evidence:
The plaintiff is entitled to recover the plaint D schedule property, forming part of plaint A schedule property.
Relief Type:
Mandatory Injunction
Outcome:
Granted
Description:
Directs the defendants to demolish the encroaching portion of the building on the plaint A schedule property.
Evidence:
The defendants are directed to demolish the portion of the building constructed by encroaching upon the plaint A schedule property.
Relief Type:
Mandatory Injunction
Outcome:
Granted
Description:
Allows the plaintiff to construct the boundary through the recognized line as per the plan.
Evidence:
The plaintiff is entitled to put the boundary through the line ‘ABCHA’, shown in Ext.C1(b) plan.
Relief Type:
Prohibitory Injunction
Outcome:
Granted
Description:
Restrains the defendants from trespassing into the plaint A schedule property.
Evidence:
The defendants and their agents are restrained from trespassing into the plaint A schedule property.
Documents & Evidence
Document Type:
Partition Deed
Submitted By:
Plaintiff
Relevance:
Proves the plaintiff's ownership and entitlement to the plaint A schedule property.
Reference:
Ext.A1
Document Type:
Tax receipt
Submitted By:
Plaintiff
Relevance:
Provides evidence regarding the payment of taxes related to the plaint A schedule property.
Reference:
Ext.A2
Document Type:
Passport
Submitted By:
Plaintiff
Relevance:
Establishes the identity and residence of the plaintiff during the relevant period.
Reference:
Ext.A3, Ext.A3(a), Ext.A3(b)
Document Type:
Tax receipt
Submitted By:
Plaintiff
Relevance:
Demonstrates continued tax payments associated with the plaint A schedule property.
Reference:
Ext.A4, Ext.A4(a), Ext.A4(b)
Document Type:
Death Certificate
Submitted By:
Plaintiff
Relevance:
Confirms the death of the plaintiff's father, impacting the ownership rights.
Reference:
Ext.A5
Document Type:
Resurvey Plan
Submitted By:
Plaintiff
Relevance:
Details the boundaries and measurements of the plaint A schedule property.
Reference:
Ext.A6
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Provides evidence of encroachment and measurements concerning plaint A schedule property.
Reference:
Ext.C1
Document Type:
Mahazar
Submitted By:
Court
Relevance:
Documents findings from the site inspection relevant to the case.
Reference:
Ext.C1(a)
Document Type:
Resurvey Plan
Submitted By:
Court
Relevance:
Illustrates the encroachment and provides a definitive boundary for the plaint A schedule.
Reference:
Ext.C1(b)
Case Classification
Case Type
Civil Suit
Category
Property and Possession Disputes
District
Kollam
State
Kerala
Court Establishment
Munsiff Court Kollam
Common Reasons
Boundary Dispute
Case Code
Case between Mani.K vs Chandra Babu et al regarding Declaration, Fixation of Boundary and Injunction
Case Code Year
Case between Mani.K vs Chandra Babu et al regarding Declaration, Fixation of Boundary and Injunction