Case Summary
The plaintiff, Nizarudeen, claims ownership and possession of property and seeks to fix boundaries against the defendants who are allegedly attempting to unlawfully take possession of the property. The defendants have been accused of causing damage and trespassing.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The boundary line of B schedule is fixed, and defendants are permanently restrained from causing disturbances.
Case Type
Civil Suit
Final Judgment
No
The court decreed in favor of the plaintiff, allowing the fixation of the boundary line and restraining the defendants from trespassing.
Why Plaintiff Won:
The plaintiff proved absolute title and possession over the property by presenting relevant documents.
The plaintiff proved absolute title and possession over the property by presenting relevant documents.
Losing Side's Weaknesses:
The plaintiff proved absolute title and possession over the property by presenting relevant documents.
The plaintiff proved absolute title and possession over the property by presenting relevant documents.
Supporting Evidence
The deposition of PW1 and Exts.A1 to A3 and C1 series, C2 series and C3 series would prove the plaint claim.
Judgment Evidence:
In the result, suit is decreed with costs as follows: i. The boundary line of B schedule is fixed as BCDEFGHB and the plaintiff is entitled to construct a boundary wall through the said boundary line as shown in Ext.C3(b) plan.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Nizarudeen
- Party Age
- 45
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Oseela Beevi
- Party Age
- 74
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Nazarudeen
- Party Age
- 52
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Nizamudeen
- Party Age
- 51
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Jumailath
- Party Age
- 57
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Nafeezath Beevi
- Party Age
- 50
- Relation
- W/o
Plaintiffs Documents
Partition Deed No. 3524/2006, Land Tax Receipt.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- A.Aravindakshan Pillai
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- E.Shanavaskhan
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- M.S.Nisha Babu
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- V.Vinayachandran
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
Defendants are permanently restrained from causing any disturbances to the plaintiff's property.
Evidence:
The defendants are permanently restrained from causing any sort of disturbances to the plaintiff for the construction and maintenance of the boundary walls on the plaint B schedule property and also from committing any waste therein.
Relief Type:
Declaration
Outcome:
Granted
Description:
The boundary line of B schedule is fixed as BCDEFGHB.
Evidence:
The boundary line of B schedule is fixed as BCDEFGHB and the plaintiff is entitled to construct a boundary wall through the said boundary line as shown in Ext.C3(b) plan.
Relief Type:
Other
Outcome:
Granted
Description:
Plaintiff is entitled to costs from the defendants.
Evidence:
Plaintiff is also entitled to realise the costs of the suit from the defendant.
Documents & Evidence
Document Type:
Partition Deed
Submitted By:
Plaintiff
Relevance:
Demonstrates the plaintiff's absolute title and possession over the plaint schedule property.
Reference:
Ext.A1
Document Type:
Land Tax Receipt
Submitted By:
Plaintiff
Relevance:
Shows that the plaintiff has been paying land tax for the property.
Reference:
Ext.A2
Document Type:
Survey Plan
Submitted By:
Plaintiff
Relevance:
Provides a visual representation of the plaint schedule property.
Reference:
Ext.A3
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Documented the commissioner's findings on the plaint schedule property.
Reference:
Ext.C1
Document Type:
Mahazar
Submitted By:
Court
Relevance:
Details the observations made by the commissioner regarding the property.
Reference:
Ext.C1(a)
Document Type:
Rough Sketch
Submitted By:
Court
Relevance:
Illustrates the layout related to the plaint schedule property.
Reference:
Ext.C1(b)
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Further verified the details of the property in subsequent assessments.
Reference:
Ext.C2
Document Type:
Mahazar
Submitted By:
Court
Relevance:
Summarizes the findings during the commissioner's later visit.
Reference:
Ext.C2(a)
Document Type:
Rough Sketch
Submitted By:
Court
Relevance:
Provides additional detail on the areas assessed by the commissioner.
Reference:
Ext.C2(b)
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Final report confirming the boundaries and details of the property.
Reference:
Ext.C3
Document Type:
Mahazar
Submitted By:
Court
Relevance:
Recorded physical properties and layout based on the commissioner's findings.
Reference:
Ext.C3(a)
Document Type:
Survey Plan
Submitted By:
Court
Relevance:
Provides the definitive boundaries of the plaint schedule property.
Reference:
Ext.C3(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
OS.NO.
Case Code Year
2020