Case Summary
N.S.Anilkumar filed a suit against Sasikumaran seeking declaration of title and possession over certain properties. The case involves claims of encroachment and the need for an injunction against the defendant from trespassing.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The defendant is restrained from trespassing into the plaint A or B schedule properties and is ordered to dismantle the structure in plaint B schedule property.
Case Type
Civil Suit
Final Judgment
No
The court decreed in favor of the plaintiff, declaring his title and possession over the property. The defendant was ordered to refrain from trespassing and to dismantle any unauthorized structure.
Why Plaintiff Won:
The plaintiff established title and possession over the plaint A schedule property and proved encroachment by the defendant.
The plaintiff established title and possession over the plaint A schedule property and proved encroachment by the defendant.
Losing Side's Weaknesses:
The plaintiff established title and possession over the plaint A schedule property and proved encroachment by the defendant.
The plaintiff established title and possession over the plaint A schedule property and proved encroachment by the defendant.
Supporting Evidence
The evidence of plaintiff remains unchallenged. There is no reason to disbelieve PW1. From the available evidence, the plaintiff is entitled to declare that the plaintiff has title and possession over the plaint A schedule property.
Judgment Evidence:
In the result, The suit is decreed as follows: (i) It is declared that the plaintiff has title and possession over the plaint A schedule property inclusive of the plaint B schedule property.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- N.S.Anilkumar
- Party Age
- 58
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Sasikumaran
- Party Age
- 64
- Relation
- S/o
Plaintiffs Documents
Certified Copy of Sale Deed No. 1878/1970, Award Notices in LAC.No.80/981, Original Tax Receipt, Original Form For Sanction of Refusal of a Building Permit/Development Permit, True copy of Building permit, Commencement Certificate issued by Thiruvananthapuram Development Authority (TRIDA)
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri.V.Suresh
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Smt. Jalaja Saisree
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Declaration
Outcome:
Granted
Description:
Declaration of title and possession over the plaint A schedule property.
Evidence:
It is declared that the plaintiff has title and possession over the plaint A schedule property inclusive of the plaint B schedule property.
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
Restriction on the defendant from trespassing or erecting structures on the plaint A and B schedule properties.
Evidence:
The defendant is restrained by a decree of injunction from trespassing into the plaint A or B schedule properties.
Relief Type:
Mandatory Injunction
Outcome:
Granted
Description:
Direction to dismantle and remove the structure in the plaint B schedule property.
Evidence:
The defendant is directed to dismantle and remove the structure that he has commenced to construct in the plaint B schedule property.
Relief Type:
Other
Outcome:
Granted
Description:
Permission for the plaintiff to construct a boundary wall on the southern boundary of the plaint B schedule property.
Evidence:
The plaintiff is allowed to construct a boundary wall or fence on the southern boundary of the plaint B schedule property.
Relief Type:
Other
Outcome:
Granted
Description:
Plaintiff permitted to realise the cost of the suit from the defendant.
Evidence:
The plaintiff is allowed to realise the cost of the suit from the defendant.
Documents & Evidence
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
Certified copy of Sale Deed No. 1878/1970 establishes the plaintiff's title over the property.
Reference:
Ext.A1
Document Type:
Award Notices
Submitted By:
Plaintiff
Relevance:
Award notices related to compensation for land acquired, relevant to establishing the plaintiff's claim.
Reference:
Ext.A2
Document Type:
Tax receipt
Submitted By:
Plaintiff
Relevance:
Tax receipt supports the plaintiff's claim of possession over the property.
Reference:
Ext.A3
Document Type:
Building Permit Request
Submitted By:
Plaintiff
Relevance:
Form for sanction/refusal of a building permit indicates the plaintiff's intentions regarding the property.
Reference:
Ext.A4
Document Type:
Building Permit
Submitted By:
Plaintiff
Relevance:
True copy of building permit demonstrates the plaintiff's right to construct on the property.
Reference:
Ext.A5
Document Type:
Commencement Certificate
Submitted By:
Plaintiff
Relevance:
Commencement certificate verifies legal allowance for construction on the plaint A schedule property.
Reference:
Ext.A6
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Commission report details the findings related to the plaint schedule properties.
Reference:
Ext.C1
Document Type:
Commission Report and Photos
Submitted By:
Court
Relevance:
Commission report and photos provide visual evidence related to the encroachment on the claim.
Reference:
Ext.C2
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Thiruvananthapuram
State
Kerala
Court Establishment
Munsiff Court Thiruvananthapuram
Common Reasons
Case Code
Case between N.S.Anilkumar vs Sasikumaran regarding declaration of title and possession over property
Case Code Year
Case between N.S.Anilkumar vs Sasikumaran regarding declaration of title and possession over property