Case Summary
The plaintiffs, Sebastian K J and others, are claiming ownership and possession of a property against the defendants, Lisamma Alexander and others, for fixation of boundaries and preventing trespass. The plaintiffs assert their right based on a prior agreement to purchase a portion of land which the defendants dispute.
Judgment Outcome
Judgment Favored
Dismissed
Relief Granted
Case Type
Civil Suit
Final Judgment
No
The suit for fixation of boundary and permanent prohibitory injunction was dismissed as the plaintiffs could not establish their claim to the property.
Key Reasoning:
Losing Side's Weaknesses:
Supporting Evidence
Judgment Evidence:
In the result, Suit is dismissed.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Sebastian K J
- Party Age
- 52
- Relation
- S/o
- Party Role
- Plaintiff
- Party Name
- John K J
- Party Age
- 49
- Relation
- S/o
- Party Role
- Plaintiff
- Party Name
- Jose K Joseph
- Party Age
- 45
- Relation
- S/o
- Party Role
- Plaintiff
- Party Name
- Jomol Joseph
- Party Age
- 38
- Relation
- D/o
- Party Role
- Defendant
- Party Name
- Lisamma Alexander
- Party Age
- 76
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Jijo Alex
- Party Age
- 44
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Biju Alex
- Party Age
- 48
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Binu Alex
- Party Age
- 42
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Rubymol Alex
- Party Age
- 40
- Relation
- S/o
Plaintiffs Documents
Certificate of purchase of Kudikidappu no. 259 in OA 1539/70, Tax Receipt dated 21.04.2017, Cash Receipt dated 19.08.2017, Death Certificate, Copy of Sale Deed no. 2983/1979.
Defendants Documents
Tax Receipt dated 10.04.2024.
Advocates
- Party Role
- Plaintiff
- Advocate Name
- P John Cherian
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Sajith C George
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- G Jayasankar
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Permanent Injunction
Outcome:
Refused
Description:
Plaintiffs requested an injunction to prevent trespassing by the defendants.
Evidence:
The plaintiffs could not establish their right and possession over plaint A schedule property.
Relief Type:
Fixation of Boundary
Outcome:
Refused
Description:
Plaintiffs sought to fix the western and southern boundary of plaint A schedule property.
Evidence:
The plaintiffs failed to establish necessity for boundary fixation.
Documents & Evidence
Document Type:
Kudikidappu Purchase Certificate
Submitted By:
Plaintiff
Relevance:
Establishes the plaintiffs' claim of ownership over the plaint A schedule property.
Reference:
Ext.A1
Document Type:
Tax receipt
Submitted By:
Plaintiff
Relevance:
Demonstrates the payment of land tax, supporting the plaintiffs' claim to ownership.
Reference:
Ext.A2
Document Type:
Cash Receipt
Submitted By:
Plaintiff
Relevance:
Evidence of transaction related to the property, although not decisive for ownership.
Reference:
Ext.A3
Document Type:
Death Certificate
Submitted By:
Plaintiff
Relevance:
Identifies the deceased owner of the property, relevant to the plaintiffs' heirship.
Reference:
Ext.A4
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
Outlines the property's ownership history, crucial for addressing competing claims.
Reference:
Ext.A5
Document Type:
Tax receipt
Submitted By:
Defendant
Relevance:
Supports the defendants' claims regarding property ownership and tax payments.
Reference:
Ext.B1
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Details the boundary and condition of the plaint A schedule property.
Reference:
Ext.C1
Document Type:
Plan
Submitted By:
Court
Relevance:
Visual representation of property and boundary conditions being contested.
Reference:
Ext.C2
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Kottayam
State
Kerala
Court Establishment
Munsiff Court, Kottayam
Common Reasons
Case Code
Case between Sebastian K J et al vs Lisamma Alexander et al regarding fixation of boundary and permanent prohibitory injunction.
Case Code Year
Case between Sebastian K J et al vs Lisamma Alexander et al regarding fixation of boundary and permanent prohibitory injunction.