Case Summary
The case involves plaintiffs Nitha Shaji, her minor children Meenakshi and Krishnananda, who claim ownership of a property in Nadama Village. They sought an injunction to prevent the defendants from interfering with their possession of the property, which they allege is being wrongly claimed by the government.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The western boundary of plaint A schedule property is fixed as the red line starting from the south-western point of the plot.
Case Type
Civil Suit
Final Judgment
No
Why Plaintiff Won:
Plaintiffs established title and possession of the property within well-demarcated boundary walls.
Plaintiffs established title and possession of the property within well-demarcated boundary walls.
Judgment Evidence:
In the result, the suit is decreed as follows; 1. The western boundary of plaint A schedule property is fixed as the red line starting from the south-western point of the plot shown as B1-1 till the north-western point of A1-1, having a side measurement of 8.30 meters.
Parties Involved
Plaintiffs
Nitha Shaji (41 years)
Veliyil House, Kozhivettumveli, Eroor North, Eroor P O, Nadama Village, Kanayannur Taluk, Ernakulam District, Pin code – 682 306
Meenakshi (16 years)
Veliyil House, Kozhivettumveli, Eroor North, Eroor P O, Nadama Village, Kanayannur Taluk, Ernakulam District, Pin code – 682 306
Krishnananda (11 years)
Veliyil House, Kozhivettumveli, Eroor North, Eroor P O, Nadama Village, Kanayannur Taluk, Ernakulam District, Pin code – 682 306
Defendants
State of Kerala (Age not specified years)
Civil Station, Ernakulam, Kakkanad P O, Pin – 682 030
The Deputy Director of Survey and Land Records (Age not specified years)
Office of the Deputy Director of Survey and Land Records, Civil Station, Ernakulam, Kakkanad P O, Pin – 682 030
The Tahsildar, Kanayannur Taluk (Age not specified years)
Kanayannur Taluk Office, Ernakulam, Cochin – 682 011
The Village Officer, Nadama Village Office (Age not specified years)
Thripunithura – 682 301
The Tahsildar (Land Records), Kanayannur Taluk (Age not specified years)
Kanayannur Taluk office, Ernakulam, Cochin – 682 011
Reliefs
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
Defendants are restrained from interfering with the plaintiff's possession of the property.
Evidence:
The defendants and their men are restrained from interfering with the plaintiff’s peaceful possession and enjoyment of plaint A schedule property or encroaching into plaint A schedule property or demolishing its compound wall.
Relief Type:
Boundary Fixation
Outcome:
Granted
Description:
The western boundary of the plaint A schedule property is fixed.
Evidence:
The western boundary of plaint A schedule property is fixed as the red line starting from the south-western point of the plot shown as B1-1 till the north-western point of A1-1, having a side measurement of 8.30 meters.
Documents & Evidence
Document Type:
Partition Deed
Submitted By:
Plaintiff
Relevance:
This document establishes the plaintiffs' ownership of the property.
Reference:
Ext.A1
Document Type:
Land Tax Receipt
Submitted By:
Plaintiff
Relevance:
This receipt was produced to substantiate the plaintiffs' payment of land tax.
Reference:
Ext.A2
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
This document provides the original title of the property.
Reference:
Ext.A3
Document Type:
Application
Submitted By:
Plaintiff
Relevance:
This application was submitted to the Tahasildar regarding property issues.
Reference:
Ext.A4
Document Type:
Notice
Submitted By:
Plaintiff
Relevance:
This notice under Section 80 CPC was issued to the defendants.
Reference:
Ext.A5
Document Type:
Reply Notice
Submitted By:
Plaintiff
Relevance:
This reply notice from the Survey Deputy Director addresses the plaintiffs' concerns.
Reference:
Ext.A6
Document Type:
Final report
Submitted By:
Court
Relevance:
This report was submitted by the advocate commissioner regarding the measurement of the property.
Reference:
Ext.C1
Document Type:
Sketch
Submitted By:
Court
Relevance:
This sketch illustrates the measured boundaries of the property in question.
Reference:
Ext.C1(a)
Document Type:
Oral Evidence
Submitted By:
Unknown
Relevance:
Oral testimony from plaintiffs and defendants regarding the case.
Reference: