Case Summary
The plaintiffs are seeking fixation of boundary and a permanent prohibitory injunction against the defendants, who are the office bearers of a temple. The defendants claim that the plaintiff has no title over the property in question and are counterclaiming for recovery of possession.
Judgment Outcome
Judgment Favored
Defendant
Relief Granted
The counter claim plaintiffs are entitled to get recovery of possession of plaint A schedule property.
Case Type
Civil Suit
Final Judgment
No
The suit was dismissed, and the counter claim was decreed. The court declared the sale deed as void and granted recovery of possession of the plaint A schedule property to the counter claim plaintiffs.
Key Reasoning:
The defendants successfully established their ownership and possession rights over the property.
The defendants successfully established their ownership and possession rights over the property.
Why Defendant Won:
The defendants successfully established their ownership and possession rights over the property.
The defendants successfully established their ownership and possession rights over the property.
Supporting Evidence
The evidence supported that the counter claim defendants maintained absolute ownership rights over the plaint schedule property.
Judgment Evidence:
In the result, the suit is dismissed. Counter claim is decreed in part is as follows: i) It is hereby declared that Sale deed No.3846/1998 as void. ii) Counter claim plaintiff is entitled to get recovery of possession of plaint A schedule property.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Mathai
- Party Age
- 60
- Relation
- S/o
- Party Role
- Plaintiff
- Party Name
- Mercy Mathai
- Party Age
- 63
- Relation
- W/o
- Party Role
- Plaintiff
- Party Name
- Manju Mathai
- Party Age
- 39
- Relation
- D/o
- Party Role
- Plaintiff
- Party Name
- Manoj Mathai
- Party Age
- 37
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Kollam Taluk N.S.S Union
- Relation
- represented by Dr. Gopakumar
- Party Role
- Defendant
- Party Name
- Kollam Taluk N.S.S Union
- Relation
- represented by Secretary
- Party Role
- Defendant
- Party Name
- Murali
- Party Age
- 55
- Relation
- S/o
Plaintiffs Documents
Sale Deed No.3846/1988, Sale Deed No.3300/1985, Receipts from Perayam Grama Panchayath, Electricity Bill.
Defendants Documents
Thandapper Kanaka, Survey Plan, Certified copy of plaint in OS 681/85.
Advocates
- Party Role
- Plaintiff
- Advocate Name
- K.Jayan
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- K.C.Ushadevi
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Permanent Injunction
Outcome:
Refused
Description:
Plaintiffs sought a permanent prohibitory injunction against the defendants to prevent them from encroaching on the plaint A schedule property.
Evidence:
In the result, the suit is dismissed.
Relief Type:
Recovery
Outcome:
Granted
Description:
Counter claim plaintiff is entitled to get recovery of possession of plaint A schedule property.
Evidence:
Counter claim is decreed in part is as follows: (ii) Counter claim plaintiff is entitled to get recovery of possession of plaint A schedule property.
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
Counter claim defendants are restrained from making any new constructions or alterations in the plaint schedule property.
Evidence:
The counter claim defendants are restrained from making any new constructions in the plaint schedule property.
Documents & Evidence
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
This document serves as evidence of the plaintiff's claim of title over the plaint A schedule property.
Reference:
Ext.A1
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
This document is a prior deed that supports the plaintiff's claim regarding the ownership of the property.
Reference:
Ext.A2
Document Type:
Receipt
Submitted By:
Plaintiff
Relevance:
This receipt was submitted to show that the plaintiff paid relevant dues for the property.
Reference:
Ext.A3
Document Type:
Certified Copy of Judgment
Submitted By:
Defendant
Relevance:
This judgment demonstrates the possession rights related to the plaint schedule building.
Reference:
Ext.B5
Document Type:
Sale deed
Submitted By:
Defendant
Relevance:
This document is relevant in establishing the chain of ownership and challenges to the plaintiff's claims.
Reference:
Ext.B7
Document Type:
Commission Report
Submitted By:
Court
Relevance:
This report provides an official assessment of the property in question.
Reference:
Ext.C1
Document Type:
Plan
Submitted By:
Court
Relevance:
This plan illustrates the layout and boundaries concerning the plaint schedule properties.
Reference:
Ext.C3
Document Type:
Consumer Profile
Submitted By:
Unknown
Relevance:
This document shows the service connection related to the property.
Reference:
Ext.X4
Case Classification
Case Type
Civil Suit
Category
Property and Possession Disputes
District
Kollam
State
Kerala
Court Establishment
Munsiff Court Kollam
Common Reasons
Fixation of boundary
Case Code
Case between Mathai et al vs Kollam Taluk N.S.S Union et al regarding fixation of boundary and permanent prohibitory injunction.
Case Code Year
Case between Mathai et al vs Kollam Taluk N.S.S Union et al regarding fixation of boundary and permanent prohibitory injunction.