Case Summary
Sheeba. L filed a counter claim against Kiran Jerome and Jayakumari regarding a dispute over property. The case centers on allegations of encroachment and obstruction in a pathway essential for access to their properties.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Counter-claim plaintiff is entitled to recover the counter-claim B schedule and is permanently restrained from further trespass.
Case Type
Injunction
Final Judgment
No
The court decreed the counterclaim in favor of the counterclaim plaintiff, declaring her absolute right and title over the properties in question.
Why Plaintiff Won:
The court found in favor of the counterclaim plaintiff based on established title and evidence of encroachment.
The court found in favor of the counterclaim plaintiff based on established title and evidence of encroachment.
Losing Side's Weaknesses:
The court found in favor of the counterclaim plaintiff based on established title and evidence of encroachment.
The court found in favor of the counterclaim plaintiff based on established title and evidence of encroachment.
Supporting Evidence
From the affidavit and exhibits it is clear that the counterclaim plaintiff is entitled to a decree of fixation of boundary, declaration, recovery of possession of B schedule and for permanent prohibitory injunction as prayed for.
Judgment Evidence:
In the result, the counter claim is decreed with costs as follows: 1. It is declared that the plaintiff has the absolute right and title over the counterclaim A and B schedule properties.
Parties Involved
Parties
- Party Role
- Defendant
- Party Name
- Sheeba. L
- Party Age
- 31
- Relation
- D/o
- Party Role
- Plaintiff
- Party Name
- Kiran Jerome
- Party Age
- 38
- Relation
- S/o
- Party Role
- Plaintiff
- Party Name
- Jayakumari
- Party Age
- 50
- Relation
- D/o
Plaintiffs Documents
Settlement Deed No. 4146/2005, Land Tax Receipt dated 06/04/2018, Settlement Deed No. 983/2016, Land Tax Receipt dated 02/06/2025.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- R.Sam
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Z.A.Sukul Khader
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sarath Kumar
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Permanent Injunction
Outcome:
Not Decided
Description:
Plaintiffs sought to permanently restrain the defendants from trespassing into the C schedule pathway.
Evidence:
The original suit was dismissed for default due to the plaintiffs' absence.
Relief Type:
Mandatory Injunction
Outcome:
Not Decided
Description:
Plaintiffs requested to direct the defendant to demolish the foundation constructed at the C schedule pathway.
Evidence:
The original suit was dismissed for default due to the plaintiffs' absence.
Relief Type:
Declaration
Outcome:
Granted
Description:
Declaration of rights over Counter-claim A schedule property by the counterclaim plaintiff.
Evidence:
It is declared that the plaintiff has the absolute right and title over the counterclaim A and B schedule properties.
Relief Type:
Recovery
Outcome:
Granted
Description:
Counter-claim plaintiff is entitled to recover possession of the B-schedule property.
Evidence:
The counter-claim plaintiff is entitled to recover the counter-claim B schedule ie the portion ‘ABCDEFMA’ as shown in C1(b) plan.
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
Defendants are permanently restrained from trespassing into the counterclaim A schedule property.
Evidence:
The counterclaim defendants and their men are permanently restrained from trespassing into the counterclaim A schedule property and from committing any waste therein.
Documents & Evidence
Document Type:
Settlement Deed
Submitted By:
Plaintiff
Relevance:
Establishes the title and right of the counterclaim plaintiff over the property.
Reference:
Ext.A1
Document Type:
Land Tax Receipt
Submitted By:
Plaintiff
Relevance:
Serves as proof of payment of land tax related to the property.
Reference:
Ext.A3
Document Type:
Settlement Deed
Submitted By:
Plaintiff
Relevance:
Supports the counterclaim plaintiff's claim regarding the property ownership.
Reference:
Ext.A4
Document Type:
Land Tax Receipt
Submitted By:
Plaintiff
Relevance:
Provides evidence of ongoing land tax obligations by the counterclaim plaintiff.
Reference:
Ext.A5
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Contains findings that substantiate the counterclaim plaintiff's case.
Reference:
Ext.C1
Document Type:
Mahazar
Submitted By:
Court
Relevance:
Documents the conditions of the property related to the dispute.
Reference:
Ext.C1(a)
Document Type:
Survey Plan
Submitted By:
Court
Relevance:
Illustrates the layout and boundaries of the disputed properties.
Reference:
Ext.C1(b)
Case Classification
Case Type
Injunction
Category
Other Civil Cases
District
Kollam
State
Kerala
Court Establishment
Munsiff Court Kollam
Common Reasons
Case Code
Case between Sheeba. L vs Kiran Jerome et al regarding Counter Claim for Injunction.
Case Code Year
Case between Sheeba. L vs Kiran Jerome et al regarding Counter Claim for Injunction.