Case Summary
P. K. Babu filed a suit against his brother P.K. Narayanan and others for a declaration of his title and fixation of the property boundaries, as well as a permanent injunction to stop Narayanan from obstructing his construction. The case revolves around familial property issues following the death of their father.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
A decree declaring that the first defendant has no right over the plaint A schedule property and a decree of permanent prohibitory injunction was granted.
Case Type
Civil Suit
Final Judgment
No
Why Plaintiff Won:
The court upheld the plaintiff's title based on valid documentation and established possession.
The court upheld the plaintiff's title based on valid documentation and established possession.
Judgment Evidence:
In the result, the OS 799/2020 is to be decreed as follows: a) It is declared that the first defendant in OS 799/2020 has no right over the plaint A schedule property in OS 799/2020. b) A decree of permanent prohibitory injunction is passed restraining the first defendant in OS 799/2020, his men or agents from obstructing the plaintiff or his men or agents or successors in interest from making any construction in the plaint A schedule property in OS 799/2020. c) The southern boundary of the plaint A schedule property in OS 799/2020 is fixed as noted in Exhibit C2(a) sketch.
Parties Involved
Plaintiffs
P. K. Babu (61 years)
Pachottil House, Ponneth Temple Road, Kadavanthara P.O., Ernakulam, Kochi – 682 020
Defendants
P.K. Narayanan @ Chinnan (68 years)
Pachottil House, Ponneth Temple Road, Kadavanthara P.O, Ernakulam, Kochi – 682 020
P.K. Vilasani (64 years)
Vyshamparambil House, Vazhayaparambu, Kandanadu, Mulanthuruthy
P. K. Subhashini (65 years)
Thengathara House, Njarakkal P.O, Pulayas Road, Pin 682 505, Njarakal Village, Kochi Taluk
Reliefs
Relief Type:
Declaration
Outcome:
Granted
Description:
Decree declaring that the first defendant has no right over the plaint A schedule property.
Evidence:
It is declared that the first defendant in OS 799/2020 has no right over the plaint A schedule property in OS 799/2020.
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
Decree of permanent prohibitory injunction restraining the first defendant from obstructing the plaintiff from making any construction.
Evidence:
A decree of permanent prohibitory injunction is passed restraining the first defendant in OS 799/2020, his men or agents from obstructing the plaintiff or his men or agents or successors in interest from making any construction in the plaint A schedule property in OS 799/2020.
Relief Type:
Declaration
Outcome:
Granted
Description:
Fixation of the southern boundary of the plaint A schedule property.
Evidence:
The southern boundary of the plaint A schedule property in OS 799/2020 is fixed as noted in Exhibit C2(a) sketch.
Relief Type:
Other
Outcome:
Refused
Description:
Dismissal of the suit OS 1059/2020.
Evidence:
The OS 1059/2020 is dismissed.
Relief Type:
Other
Outcome:
Granted
Description:
Costs of the suit awarded to the defendant in OS 1059/2020.
Evidence:
The defendant in OS 1059/2020 is entitled to costs of the said suit from the plaintiffs in the OS 1059/2020.
Documents & Evidence
Document Type:
Death Certificate
Submitted By:
Plaintiff
Relevance:
Provided evidence of the death of the plaintiff's father.
Reference:
Ext.A1
Document Type:
Death Certificate
Submitted By:
Plaintiff
Relevance:
Provided evidence of the death of the plaintiff's mother.
Reference:
Ext.A2
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
Served as a basis for the plaintiff's claim over the property.
Reference:
Ext.A3
Document Type:
Draft of Partition Deed
Submitted By:
Plaintiff
Relevance:
Demonstrated evidence of intentions for partitioning property.
Reference:
Ext.A4
Document Type:
Sketch
Submitted By:
Plaintiff
Relevance:
Subject to proof; illustrated the property in question.
Reference:
Ext.A5
Document Type:
Sketch
Submitted By:
Plaintiff
Relevance:
Subject to proof; illustrated the property in question.
Reference:
Ext.A6
Document Type:
Settlement Deed
Submitted By:
Plaintiff
Relevance:
Provided evidence of the claims over property ownership.
Reference:
Ext.A7
Document Type:
Draft of Partition Deed
Submitted By:
Plaintiff
Relevance:
Subject to proof; demonstrated proposed divisions of property.
Reference:
Ext.A8
Document Type:
Property Tax Receipt
Submitted By:
Plaintiff
Relevance:
Served as proof of tax payment for the property.
Reference:
Ext.A9
Document Type:
Property Tax Receipt
Submitted By:
Plaintiff
Relevance:
Served as proof of tax payment for the property.
Reference:
Ext.A10
Document Type:
Settlement Deed
Submitted By:
Defendant
Relevance:
Provided evidence supporting the defendant's claims over property.
Reference:
Ext.B1
Document Type:
Land Tax Receipt
Submitted By:
Defendant
Relevance:
Served as proof of tax payment for the property.
Reference:
Ext.B2
Document Type:
Land Tax Receipt
Submitted By:
Defendant
Relevance:
Served as proof of tax payment for the property.
Reference:
Ext.B3
Document Type:
Possession Certificate
Submitted By:
Defendant
Relevance:
Provided evidence of the defendant's claimed possession of the property.
Reference:
Ext.B4
Document Type:
Possession Certificate
Submitted By:
Defendant
Relevance:
Provided evidence of the defendant's claimed possession of the property.
Reference:
Ext.B5
Document Type:
Building Tax Receipt
Submitted By:
Defendant
Relevance:
Served as proof of tax payment for the property.
Reference:
Ext.B6
Document Type:
Building Tax Receipt
Submitted By:
Defendant
Relevance:
Served as proof of tax payment for the property.
Reference:
Ext.B7
Document Type:
Sale deed
Submitted By:
Defendant
Relevance:
Served as evidence supporting the defendant's claim over property.
Reference:
Ext.B8
Document Type:
Letter
Submitted By:
Defendant
Relevance:
Subject to objection; involved in tax discussion.
Reference:
Ext.B9
Document Type:
Building Permit
Submitted By:
Defendant
Relevance:
Provided evidence of permission for construction activities.
Reference:
Ext.B10
Document Type:
Sale deed
Submitted By:
Defendant
Relevance:
Served as evidence in contesting ownership claims.
Reference:
Ext.B11
Document Type:
Relationship Certificate
Submitted By:
Defendant
Relevance:
Subject to objection; involved in establishing family ties.
Reference:
Ext.B12
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Provided findings upon property measurement.
Reference:
Ext.C1
Document Type:
Sketch
Submitted By:
Court
Relevance:
Illustrated the results of the commission.
Reference:
Ext.C1(a)
Document Type:
Photographs
Submitted By:
Court
Relevance:
Illustrated the condition and state of the property.
Reference:
Ext.C1(b) series
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Provided findings upon property measurement.
Reference:
Ext.C2
Document Type:
Survey Sketch
Submitted By:
Court
Relevance:
Illustrated the results of the commission.
Reference:
Ext.C2(a)