Case Summary
The plaintiffs, Savithry and her daughters, are seeking to fix boundaries on their properties and to prevent the defendant, Sheela, from encroaching on their land. The case involves disputes over property acquired through sale and settlement deeds and concerns the ownership and boundaries of the properties involved.
Judgment Outcome
Judgment Favored
Defendant
Relief Granted
Case Type
Civil Suit
Final Judgment
No
The court found that the plaintiffs did not adequately establish the precise boundaries of the properties or prove their claims against the defendant. Therefore, the suit was dismissed.
Key Reasoning:
The plaintiffs failed to prove the identity, extent, and possession of the plaint B schedule property; a prohibitory injunction could not be granted on the grounds presented.
The plaintiffs failed to prove the identity, extent, and possession of the plaint B schedule property; a prohibitory injunction could not be granted on the grounds presented.
Why Defendant Won:
The plaintiffs failed to prove the identity, extent, and possession of the plaint B schedule property; a prohibitory injunction could not be granted on the grounds presented.
The plaintiffs failed to prove the identity, extent, and possession of the plaint B schedule property; a prohibitory injunction could not be granted on the grounds presented.
Supporting Evidence
The evidence showed that the exact boundary of plaint B schedule property cannot be conclusively determined. The material discrepancies between the document descriptions, resurvey records, and actual possession on the ground led to the plaintiffs' case being found against.
Judgment Evidence:
In the result, the suit is dismissed with costs.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Savithry
- Party Age
- 51
- Relation
- D/o
- Party Role
- Plaintiff
- Party Name
- Arya.S.Thulasi
- Party Age
- 27
- Relation
- D/o
- Party Role
- Plaintiff
- Party Name
- Tinkleson
- Party Age
- 37
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Sheela
- Party Age
- 46
- Relation
- S/o
Plaintiffs Documents
Original Sale deed No. 383/1986, Settlement deed No. 1469/1996, Tax receipts from Sakthikulangara.
Defendants Documents
Sale deed No. 384/1986, Settlement deed No. 1469/1996.
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Vinayachandran.V
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Saburaj. S.V.
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Permanent Injunction
Outcome:
Refused
Description:
Plaintiffs sought a decree to restrain the defendant from encroaching on the plaint B schedule property.
Evidence:
The court finds that the plaintiffs have not made out a clear case of possession or entrenchment warranting the grant of injunction.
Relief Type:
Fixation of Boundary
Outcome:
Refused
Description:
Plaintiffs sought to fix the boundaries of plaint A and B with plaint C.
Evidence:
The plaintiffs have failed to establish the precise boundaries of the plaint A and B schedule properties.
Documents & Evidence
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
The property was purchased by the 1st plaintiff and her late husband as per sale deed.
Reference:
Ext.A1
Document Type:
Settlement Deed
Submitted By:
Plaintiff
Relevance:
The settlement deed was executed in favour of the 1st plaintiff by her late mother.
Reference:
Ext.A5
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
The deed settled 7 cents of land in favour of the 2nd and 3rd plaintiffs.
Reference:
Ext.A6
Document Type:
Sale deed
Submitted By:
Defendant
Relevance:
The defendant owns property under the sale deed executed by their late mother.
Reference:
Ext.B1
Document Type:
Commission Report
Submitted By:
Court
Relevance:
The report assessed the properties and their dimensions.
Reference:
Ext.C1
Case Classification
Case Type
Civil Suit
Category
Property and Possession Disputes
District
Kollam
State
Kerala
Court Establishment
Munsiff Court Kollam
Common Reasons
Case Code
Case between Savithry et al vs Sheela regarding fixation of boundary and permanent prohibitory injunction
Case Code Year
Case between Savithry et al vs Sheela regarding fixation of boundary and permanent prohibitory injunction