Case Summary
The plaintiffs, Nizam S and Sheeja, are husband and wife seeking relief regarding their property against the defendants, Usha Amma and Aparna. The case involves a dispute over boundary fixation and allegations of trespass by the defendants.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Plaintiffs permitted to reconstruct the compound wall; defendants ordered to restore demolished portion
Case Type
Civil Suit
Final Judgment
No
The suit is decreed in part, allowing the plaintiffs to reconstruct the compound wall and mandating the defendants to restore the demolished portion of the wall.
Why Plaintiff Won:
The plaintiffs proved their case through exhibits and witness testimony, with no rebuttal from the defendants.
The plaintiffs proved their case through exhibits and witness testimony, with no rebuttal from the defendants.
Losing Side's Weaknesses:
The plaintiffs proved their case through exhibits and witness testimony, with no rebuttal from the defendants.
The plaintiffs proved their case through exhibits and witness testimony, with no rebuttal from the defendants.
Supporting Evidence
By producing Exts.A1 and A2 and C1 series and by deposing in tune with the plaint averments in the affidavit, the plaintiffs have succeeded in proving her case.
Judgment Evidence:
In the result, this suit is decreed in part as follows: The plaintiff is hereby permitted to construct the compound wall as per the provisions of the Kerala Municipality Building Rules.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Nizam S
- Party Age
- 47
- Relation
- S/o
- Party Role
- Plaintiff
- Party Name
- Sheeja
- Party Age
- 40
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Usha Amma
- Party Age
- 47
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Aparna
- Party Age
- 19
- Relation
- D/o
Plaintiffs Documents
Original Sale deed No. 2200/2007, Land tax receipt
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Mundakkal R.Santhosh Kumar
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Reshma Raj
- Appearance Type
- Assisting Counsel
- Party Role
- Plaintiff
- Advocate Name
- Pooja Rajendran
- Appearance Type
- Assisting Counsel
- Party Role
- Plaintiff
- Advocate Name
- Fathima Sharaf
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Mandatory Injunction
Outcome:
Granted
Description:
Defendants are directed to reconstruct the demolished portion of the compound wall on the south side of the Plaintiff A Schedule Property.
Evidence:
Defendants are hereby directed by way of a mandatory injunction to reconstruct the demolished portion of the compound wall on the south side of the Plaintiff A Schedule Property up to the south-east corner of the Plaintiff A Schedule Property.
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
Defendants are restrained from trespassing into the plaint A schedule property.
Evidence:
The defendants and their men are hereby restrained from trespassing into the plaint A schedule property and from committing any waste, damage, nuisance or mischief therein.
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiffs are entitled to recover the costs from the defendants.
Evidence:
The plaintiffs are entitled to realise the costs of the suit from the defendants.
Documents & Evidence
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
Original Sale deed No. 2200/2007 dated 19/05/2007 of Kottiyam SRO.
Reference:
Ext.A1
Document Type:
Land Tax Receipt
Submitted By:
Plaintiff
Relevance:
Land tax receipt dated 16/06/2023 issued from Thazhuthala Village in the name of the plaintiffs.
Reference:
Ext.A2
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Commission report prepared by Adv. Commissioner Sri. Advaitha Raj.
Reference:
Ext.C1
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Kollam
State
Kerala
Court Establishment
Munsiff Court Kollam
Common Reasons
Unauthorized occupation
Case Code
Case between Nizam S et al vs Usha Amma et al regarding fixation of boundary and injunctions
Case Code Year
Case between Nizam S et al vs Usha Amma et al regarding fixation of boundary and injunctions