Case Summary
Philip is the plaintiff claiming possessory rights over a property. The case involves an FIR registered against him by the defendant Panchayath regarding the removal of rubber trees from the property.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Permanent prohibitory injunction from forcibly entering into item No.2 property.
Case Type
Civil Suit
Final Judgment
No
The court declared the plaintiff's possessory rights over the property and issued a permanent prohibitory injunction against the defendant.
Why Plaintiff Won:
The plaintiff provided sufficient evidence of continuous possession of the property and established a valid claim.
The plaintiff provided sufficient evidence of continuous possession of the property and established a valid claim.
Losing Side's Weaknesses:
Not available
Not available
Supporting Evidence
These evidence are sufficient to establish the claim of plaintiff that he and his predecessors are in possession and enjoyment of plaint schedule item No.2 property ever since the execution of Ext A1 document.
Judgment Evidence:
In the result, the suit is decreed as follows: 1. The plaintiff’s possessory right over the plaint schedule item No.2 property is declared hereby. 2. The defendant is restrained by a decree of permanent prohibitory injunction from forcibly entering into item No.2 property and interfering the possessory right of plaintiff over item No.2 property.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Philip
- Party Age
- 53
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Erumely Grama Panchayath
- Relation
- Represented by
Plaintiffs Documents
Venpatta deed No.4655/1099, Settlement deed No.3450/1972, Purchase certificate from Special Munsiff Land Tribunal, Settlement deed No.781/1989, Re-survey sketch in block No.23, Notice to Erumely Grama Panchayath.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- George Kurian
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Declaration
Outcome:
Granted
Description:
The plaintiff’s possessory right over the plaint schedule item No.2 property is declared.
Evidence:
The possession of plaint schedule item No.2 property is proved by the plaintiff through his oral evidence and documentary evidence.
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
The defendant is restrained by a decree of permanent prohibitory injunction from forcibly entering into item No.2 property.
Evidence:
The averment by the plaintiff that an FIR was registered against him by the SHO, Erumeli on the notice issued by the defendant is sufficient to establish his apprehension.
Documents & Evidence
Document Type:
Venpatta deed
Submitted By:
Plaintiff
Relevance:
To show that his grandfather was in possession of 10.59 acres of land.
Reference:
Ext.A1
Document Type:
Settlement Deed
Submitted By:
Plaintiff
Relevance:
Would show that the grandfather of the plaintiff had settled 5 acres 29½ cents with its larger extent in favour of the plaintiff’s father.
Reference:
Ext.A2
Document Type:
Purchase Certificate
Submitted By:
Plaintiff
Relevance:
Would support the plaintiff’s possession and title over the property.
Reference:
Ext.A3
Document Type:
Settlement Deed
Submitted By:
Plaintiff
Relevance:
Would show that the attupuramboke on the northern side is in possession of the corresponding title holders from time to time.
Reference:
Ext.A4
Document Type:
Re-survey sketch
Submitted By:
Plaintiff
Relevance:
Relevant to the survey of the property in question.
Reference:
Ext.A5
Document Type:
Notice
Submitted By:
Plaintiff
Relevance:
Shows compliance with statutory proceedings before filing the suit.
Reference:
Ext.A6
Document Type:
Acknowledgment card
Submitted By:
Plaintiff
Relevance:
Corresponds to the statutory notice issued.
Reference:
Ext.A7
Document Type:
Mahazar
Submitted By:
Court
Relevance:
Prepared by Commissioner to provide evidence in support of the case.
Reference:
Ext.C1
Document Type:
Sketch
Submitted By:
Court
Relevance:
Prepared by Commissioner to illustrate the property.
Reference:
Ext.C1(a)
Case Classification
Case Type
Civil Suit
Category
Property and Possession Disputes
District
Kottayam
State
Kerala
Court Establishment
Munsiff Court Kanjirappally
Common Reasons
Unauthorized occupation
Case Code
O.S
Case Code Year
2024