Case Summary
Sajeev and his family are plaintiffs seeking a declaration of title over a property and an injunction against Pramodan, the defendant, who they allege is attempting to trespass on their land. The case involves disputes over property boundaries and ownership rights.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Permanent injunction restraining the defendant from trespassing and declaring ownership of the property.
Case Type
Civil Suit
Final Judgment
No
The court declared Sajeev as the owner of the property and issued a permanent injunction against Pramodan from trespassing. The decision was founded on the determination of property boundaries and ownership.
Why Plaintiff Won:
The plaintiff provided credible evidence establishing ownership and the court found the defendant's claims unreliable.
The plaintiff provided credible evidence establishing ownership and the court found the defendant's claims unreliable.
Losing Side's Weaknesses:
The plaintiff provided credible evidence establishing ownership and the court found the defendant's claims unreliable.
The plaintiff provided credible evidence establishing ownership and the court found the defendant's claims unreliable.
Supporting Evidence
This Court therefore finds that the northern boundary of the plaint A schedule property is as shown in red on the northern side of Plot No.3.
Judgment Evidence:
Therefore, this suit is decreed. It is hereby declared that the plaintiff is the owner and possessor of the plaint A schedule property including the disputed one Are lying on its northern side.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Sajeev
- Party Age
- 48
- Relation
- S/o
- Party Role
- Plaintiff
- Party Name
- Jeena
- Party Age
- 51
- Relation
- W/o
- Party Role
- Plaintiff
- Party Name
- Sanjay
- Party Age
- 18
- Relation
- S/o
- Party Role
- Plaintiff
- Party Name
- Sayana
- Party Age
- 12
- Relation
- D/o
- Party Role
- Defendant
- Party Name
- Pramodan
- Party Age
- 52
- Relation
- S/o
Plaintiffs Documents
Sale Deed No. 3879/2001, Release Deed No. 734/2014, Settlement Deed No. 4984/2017
Defendants Documents
Settlement Deed bearing No. 2194/1989, Sale Deed bearing No. 4751/1995, Sale Deed No. 2452/1997
Advocates
- Party Role
- Plaintiff
- Advocate Name
- K M Alias
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- P V Shiji
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- N P Suseel Kumar
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Declaration
Outcome:
Granted
Description:
It is declared that the plaintiff is the owner and possessor of the plaint A schedule property.
Evidence:
It is hereby declared that the plaintiff is the owner and possessor of the plaint A schedule property including the disputed one Are lying on its northern side.
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
The defendant is permanently restrained from trespassing into the plaint schedule property.
Evidence:
The defendant and all persons claiming under him are hereby permanently restrained from trespassing into, or interfering in any manner with, the peaceful possession and enjoyment of the plaint A schedule property by the plaintiff.
Relief Type:
Other
Outcome:
Granted
Description:
The plaintiff is permitted to construct a boundary along designated lines as shown in the survey plan.
Evidence:
The plaintiff is hereby permitted to construct and fix a boundary along the red demarcated lines shown in Exhibit C1(a) on all sides of Plot No. 3 and Plot No. 4.
Documents & Evidence
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
The Sale Deed No. 3879/2001 established the title of the plaintiff over the plaint A schedule property.
Reference:
Ext.A1
Document Type:
Release deed
Submitted By:
Plaintiff
Relevance:
The Release Deed No. 734/2014 clarified the relinquishment of rights by the plaintiff's brother, Sugathan.
Reference:
Ext.A2
Document Type:
Settlement Deed
Submitted By:
Plaintiff
Relevance:
The Settlement Deed No. 4984/2017 further established the plaintiff's absolute ownership of the property.
Reference:
Ext.A3
Document Type:
Commission Report
Submitted By:
Court
Relevance:
The Commission report provided essential findings relevant to the boundary and ownership dispute.
Reference:
Ext.C1
Document Type:
Survey Plan
Submitted By:
Court
Relevance:
The Survey Plan helped to identify and confirm the northern boundary of the plaint A schedule property.
Reference:
Ext.C1(a)
Case Classification
Case Type
Civil Suit
Category
Property and Possession Disputes
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Perumbavoor
Common Reasons
Case Code
Case between Sajeev et al vs Pramodan regarding declaration of absolute title and injunction
Case Code Year
Case between Sajeev et al vs Pramodan regarding declaration of absolute title and injunction