Case Summary
The plaintiff, Santhosh P @ Santhoshkumar, is involved in a legal dispute with the defendants, Suresh P.S and Mallika Shanmughan, regarding the fixation of the boundary of his property and preventing the defendants from trespassing. The case arises from allegations of encroachment and unauthorized construction by the defendants on the plaintiff's property.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The eastern and northern boundaries of plaint A schedule property are fixed and defendants are restrained from trespassing into plaint A schedule property.
Case Type
Civil Suit
Final Judgment
No
Why Plaintiff Won:
The court accepted the boundary demarcation based on the evidence and measurements presented.
The court accepted the boundary demarcation based on the evidence and measurements presented.
Judgment Evidence:
In the result, the suit is decreed as follows. 1) The eastern boundary of plaint A schedule property is fixed as the line connecting the points denoted as '0' in the sketch No.1 of Ext C2(a) being the location of survey stones situated in the south-eastern and north eastern corners of plaint A schedule property and the northern boundary of plaint A schedule property is fixed as the line connecting the points denoted as '0' in the sketch No.1 of Ext C2(a) being the location of survey stones situated in the north-eastern and north-western corners of plaint A schedule property. 2) Defendants and their agents are restrained from trespassing into plaint A schedule property. 3) Plaintiff shall also be entitled for the costs of the suit. 4) Ext C2(a) sketch shall form part of the decree.
Parties Involved
Plaintiffs
Santhosh P @ Santhoshkumar (52 years)
Parakkadavil house, Irimpanam Desom & P.O, Pin - 682 309, Thiruvamkulam village, Kanayannur taluk
Sindhu Santhosh (42 years)
Parakkadavil house, Irimpanam Desom & P.O, Pin - 682 309, Thiruvamkulam village, Kanayannur taluk
Defendants
Suresh P.S (42 years)
Parakkadavil house, Irimpanam desom & P.O, Pin - 682 309, Thiruvamkulam village, Kanayannur taluk
Mallika Shanmughan (59 years)
Padath house, Irimpanam desom & P.O, Pin - 682 309, Thiruvamkulam village, Kanayannur taluk
Reliefs
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
Defendants and their agents are restrained from trespassing into plaint A schedule property.
Evidence:
Hence, the plaintiff is found entitled to an equitable relief of injunction from this court so as to prevent any further attempts from the side of the defendants which would obstruct the plaintiff's peaceful enjoyment and possession of plaint A schedule property.
Relief Type:
Declaration
Outcome:
Granted
Description:
The eastern and northern boundaries of plaint A schedule property are fixed.
Evidence:
Thus, this court finds it proper to accept the boundary demarcation of boundaries plaint A schedule property as provided in sketch No.1 of Ext C2(a) sketch.
Relief Type:
Other
Outcome:
Granted
Description:
Plaintiff shall also be entitled for the costs of the suit.
Evidence:
Hence, the issue as to costs is found in favour of the plaintiff.
Documents & Evidence
Document Type:
General Power of Attorney
Submitted By:
Plaintiff
Relevance:
The original general power of attorney for the plaintiff.
Reference:
Ext.A1
Document Type:
Partition Deed
Submitted By:
Plaintiff
Relevance:
The certified copy of the partition deed no. 3348/1984 of Tripunithura SRO.
Reference:
Ext.A2
Document Type:
Gift Deed
Submitted By:
Plaintiff
Relevance:
The certified copy of the gift deed no. 132/1996 of this Tripunithura SRO.
Reference:
Ext.A3
Document Type:
Property Tax Receipt
Submitted By:
Plaintiff
Relevance:
The original property tax receipt bearing no. 23265 issued by Tripunithura Municipality.
Reference:
Ext.A4
Document Type:
Land Tax Receipt
Submitted By:
Plaintiff
Relevance:
The land tax receipt bearing no. 5333984 issued by the village officer, Thiruvamkulam.
Reference:
Ext.A5
Document Type:
Measurement cum Location Sketch
Submitted By:
Plaintiff
Relevance:
Measurement cum location sketch issued by the village officer, Thiruvamkulam.
Reference:
Ext.A6
Document Type:
Notice from Taluk Surveyor
Submitted By:
Plaintiff
Relevance:
Notice issued by the Taluk Surveyor, Kanayannur.
Reference:
Ext.A7
Document Type:
Partition Deed
Submitted By:
Defendant
Relevance:
The original Partition Deed no. 3348/84 of Tripunithura SRO.
Reference:
Ext.B1
Document Type:
Sale deed
Submitted By:
Defendant
Relevance:
The original Sale Deed no. 2538/01 of Tripunithura SRO.
Reference:
Ext.B2
Document Type:
Basic Tax Paid Receipts
Submitted By:
Defendant
Relevance:
Original Basic tax paid receipts issued by the Village Officer, Thiruvamkulam.
Reference:
Ext.B3
Document Type:
Sale deed
Submitted By:
Defendant
Relevance:
The original Sale deed no. 4223/83 of Tripunithura SRO.
Reference:
Ext.B4
Document Type:
Basic Tax Paid Receipt
Submitted By:
Defendant
Relevance:
Original Basic Tax paid receipt issued by the Village Officer, Thiruvamkulam.
Reference:
Ext.B5
Document Type:
Letter from Sub Collector
Submitted By:
Defendant
Relevance:
Original letter issued by the Sub Collector, Fort Kochi to the Additional Tahsildar, Kanayannur.
Reference:
Ext.B6
Document Type:
Report from Revenue Divisional Office
Submitted By:
Defendant
Relevance:
Original report issued from the Revenue Divisional Office, Fort Kochi to the Additional Tahsildar, Kanayannur.
Reference:
Ext.B7
Document Type:
Report from Superintendent, Survey and Land Records
Submitted By:
Defendant
Relevance:
Original report issued by the Superintendent, Survey and Land Records, Collectorate, Ernakulam.
Reference:
Ext.B8
Document Type:
Report from Deputy Director, Surveyor Land Records
Submitted By:
Defendant
Relevance:
Original report issued by the Deputy Director, Surveyor Land Records, Collectorate, Ernakulam.
Reference:
Ext.B9
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Commission Report filed by Adv. Latha K.
Reference:
Ext.C1
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Commission Report filed by Adv. Suja Mathew.
Reference:
Ext.C2
Document Type:
Sketches
Submitted By:
Court
Relevance:
Sketches prepared by District Survey Superintendent.
Reference:
Ext.C2(a)