Case Summary
The plaintiffs, including Sivasankaran and his family, are seeking a declaration of title and a prohibitory injunction against the defendants, the Premens, regarding disputed land boundaries and encroachment issues. The plaintiffs allege that the defendants have been interfering with their land and have no right to claim any portion of it.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Declaration of title over plaint I schedule property and fixing boundary lines.
Case Type
Civil Suit
Final Judgment
No
The court declared that the plaintiffs are the absolute owners of the I schedule property and fixed the boundary lines for the property. The suit filed by the defendants was dismissed with costs.
Why Plaintiff Won:
The plaintiffs established their ownership over the plaint I schedule property and proved their legal possession.
The plaintiffs established their ownership over the plaint I schedule property and proved their legal possession.
Losing Side's Weaknesses:
Not available
Not available
Supporting Evidence
Judgment Evidence:
In the result, OS No.806/2013 is dismissed to the costs of the defendants. OS No.360/2011 is decreed in part as follows: It is hereby declared that the plaintiffs are the absolute owner in possession of plaint I schedule property.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Sivasankaran
- Party Age
- 65
- Relation
- S/o
- Party Role
- Plaintiff
- Party Name
- Rajendran
- Party Age
- 39
- Relation
- S/o
- Party Role
- Plaintiff
- Party Name
- Manoharan
- Party Age
- 50
- Relation
- S/o
- Party Role
- Plaintiff
- Party Name
- Bhasurangi
- Party Age
- 48
- Relation
- W/o
- Party Role
- Plaintiff
- Party Name
- Rosamma
- Party Age
- 43
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Premen
- Party Age
- 50
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Maniyamma
- Party Age
- 40
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Thulasi
- Party Age
- 39
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Usha
- Party Age
- 35
- Relation
- W/o
Plaintiffs Documents
Certified copy of sale deed No. 1404/2000, Land tax receipt dated 12/02/1996, Certified copy of settlement deed No. 1064/1992, Tax receipts dated 04/05/2011
Defendants Documents
Original sale deed No. 1813/1996, Certified copy sale deed No.859/1997, Certified copy of sale deed No. 1341/2001, Certified copy of settlement deed No.4885/2010
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Adv.Babu Sankar .R.
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Adv.Poul Antony
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Declaration
Outcome:
Granted
Description:
Declared plaintiffs as the absolute owner in possession of plaint I schedule property.
Evidence:
In the result, OS No.360/2011 is decreed in part as follows: It is hereby declared that the plaintiffs are the absolute owner in possession of plaint I schedule property.
Relief Type:
Fixation of Boundary
Outcome:
Granted
Description:
Fixed the eastern boundary of plaint I schedule property and the southern boundary of plaint B schedule property.
Evidence:
The eastern boundary of plaint I schedule property is fixed through line ‘PI’. in Ext.C1 series. And the southern side of plaint B schedule property is fixed through line PQX in Ext.C1 series.
Relief Type:
Permanent Injunction
Outcome:
Refused
Description:
Plaintiffs sought a permanent prohibitory injunction against the defendants.
Evidence:
The plaintiffs are not entitled to get a decree of permanent prohibitory injunction as sought for.
Relief Type:
Costs
Outcome:
Granted
Description:
Entitled plaintiffs to realize costs of the suit from the defendants.
Evidence:
Considering the nature and circumstances of the case, the plaintiffs are entitled to realize costs of the suit from the defendants.
Relief Type:
Permanent Injunction
Outcome:
Not Decided
Description:
Sought a permanent prohibitory injunction restraining the defendants.
Evidence:
The plaintiffs have not established that there is a potential threat against them.
Documents & Evidence
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
Certified copy of sale deed evidencing title over 19.40 Ares of property.
Reference:
Ext.A1
Document Type:
Land Tax Receipt
Submitted By:
Plaintiff
Relevance:
Supports payment of land tax for property owned by plaintiffs.
Reference:
Ext.A2
Document Type:
Settlement Deed
Submitted By:
Plaintiff
Relevance:
Establishes title over 10.20 Ares of property.
Reference:
Ext.A3
Document Type:
Land Tax Receipt
Submitted By:
Plaintiff
Relevance:
Confirms land tax payment for property owned by the 7th plaintiff.
Reference:
Ext.A4
Document Type:
Settlement Deed
Submitted By:
Plaintiff
Relevance:
Evidence of title transfer to the 1st plaintiff.
Reference:
Ext.A5
Document Type:
Land Tax Receipt
Submitted By:
Plaintiff
Relevance:
Confirms land tax payment by the 1st plaintiff.
Reference:
Ext.A6
Document Type:
Settlement Deed
Submitted By:
Plaintiff
Relevance:
Evidence of title transfer to the 2nd plaintiff.
Reference:
Ext.A7
Document Type:
Land Tax Receipt
Submitted By:
Plaintiff
Relevance:
Confirms land tax payment by the 2nd plaintiff.
Reference:
Ext.A8
Document Type:
Settlement Deed
Submitted By:
Plaintiff
Relevance:
Evidence of title transfer to the 3rd and 4th plaintiffs.
Reference:
Ext.A9
Document Type:
Land Tax Receipt
Submitted By:
Plaintiff
Relevance:
Confirms land tax payment by the 3rd and 4th plaintiffs.
Reference:
Ext.A10
Document Type:
Settlement Deed
Submitted By:
Plaintiff
Relevance:
Evidence of title transfer to the 5th plaintiff.
Reference:
Ext.A11
Document Type:
Land Tax Receipt
Submitted By:
Plaintiff
Relevance:
Confirms land tax payment by the 5th plaintiff.
Reference:
Ext.A12
Document Type:
Settlement Deed
Submitted By:
Plaintiff
Relevance:
Evidence of title transfer to the 6th plaintiff.
Reference:
Ext.A13
Document Type:
Land Tax Receipt
Submitted By:
Plaintiff
Relevance:
Confirms land tax payment by the 6th plaintiff.
Reference:
Ext.A14
Document Type:
Land Tax Receipt
Submitted By:
Plaintiff
Relevance:
Confirms land tax payment for property owned by Kochikka.
Reference:
Ext.A15
Document Type:
Release deed
Submitted By:
Plaintiff
Relevance:
Release deed confirming ownership of a pathway by certain plaintiffs.
Reference:
Ext.A16
Document Type:
Land Tax Receipt
Submitted By:
Plaintiff
Relevance:
Confirms land tax receipt in favor of Kochikka.
Reference:
Ext.A17
Document Type:
Complaint
Submitted By:
Plaintiff
Relevance:
Evidence of complaint regarding defendants' actions.
Reference:
Ext.A18
Document Type:
Receipt
Submitted By:
Plaintiff
Relevance:
Receipt from the local Panchayat regarding plaintiffs' property.
Reference:
Ext.A19
Document Type:
Sale deed
Submitted By:
Defendant
Relevance:
Original sale deed establishing ownership of property by defendants.
Reference:
Ext.B1
Document Type:
Sale deed
Submitted By:
Defendant
Relevance:
Sale deed confirming ownership of property by defendants.
Reference:
Ext.B2
Document Type:
Sale deed
Submitted By:
Defendant
Relevance:
Copy of sale deed demonstrating title held by 3rd defendant.
Reference:
Ext.B3
Document Type:
Settlement Deed
Submitted By:
Defendant
Relevance:
Settlement deed affirming title of the property by 2nd defendant.
Reference:
Ext.B4
Document Type:
Notice
Submitted By:
Defendant
Relevance:
Official notice from Tahsildar Office.
Reference:
Ext.B5
Document Type:
Notice
Submitted By:
Defendant
Relevance:
Notice from Taluk Surveyor Office regarding survey issues.
Reference:
Ext.B6
Document Type:
Complaint
Submitted By:
Defendant
Relevance:
Complaint filed with local police regarding disputes.
Reference:
Ext.B7
Document Type:
Possession Certificate
Submitted By:
Defendant
Relevance:
Certificate affirming possession of property by defendants.
Reference:
Ext.B8
Document Type:
Land Tax Receipt
Submitted By:
Defendant
Relevance:
Land tax receipt confirming payment by defendants.
Reference:
Ext.B9
Document Type:
Sketch
Submitted By:
Defendant
Relevance:
Field survey map detailing property layout.
Reference:
Ext.B10
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Commission report detailing property boundaries and survey findings.
Reference:
Ext.C1
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Additional commission report providing further detail on surveys.
Reference:
Ext.C2
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Final commission report outlining findings from the surveys.
Reference:
Ext.C3
Case Classification
Case Type
Civil Suit
Category
Property and Possession Disputes
District
Kollam
State
Kerala
Court Establishment
Munsiff Court Kollam
Common Reasons
Boundary Dispute
Case Code
Case between Sivasankaran et al vs Premen et al regarding declaration, fixation of boundary and permanent prohibitory injunction
Case Code Year
Case between Sivasankaran et al vs Premen et al regarding declaration, fixation of boundary and permanent prohibitory injunction