Case Summary
Stephen Nelson is the plaintiff seeking fixation of boundary and a permanent prohibitory injunction against Sankaranarayanan Nair and others. The plaintiff alleges unlawful obstruction to his peaceful possession and enjoyment of property, while the defendants contest the claim.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Plaintiff is entitled to put up boundary through the specified line and the defendants are permanently restrained from interfering.
Case Type
Civil Suit
Final Judgment
No
The court decreed the suit in part, allowing the plaintiff to construct boundary and permanently restraining the defendants from demolishing the existing boundary wall and interfering with the plaintiff's use of the property.
Why Plaintiff Won:
The plaintiff proved his title and possession and demonstrated unlawful obstruction by the defendants.
The plaintiff proved his title and possession and demonstrated unlawful obstruction by the defendants.
Losing Side's Weaknesses:
Not available
Not available
Supporting Evidence
The plaintiff asserts that he is the absolute owner in possession of the plaint A to D schedule properties purchased under valid sale deeds, ie., Exts A1 to A4. He states that he constructed boundary walls and has been peacefully enjoying the property.
Judgment Evidence:
In the result, OS No. 1522//2014 is dismissed and OS No. 145/2013 is decreed in part as follows: 1.The plaintiff is entitled to put up boundary through the line HGFEA and HIJKL in Ext.C1(b) plan at his own costs.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Stephen Nelson
- Party Age
- 59
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Sankaranarayanan Nair
- Party Age
- 65
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Thankamany
- Party Age
- 62
- Relation
- W/o
Plaintiffs Documents
Certified copy of sale deed No. 3738/2006, Certified copy of sale deed No. 3979/2006, Certified copy of sale deed No. 5055/2006, Certified copy of sale deed No. 4666/2009 of Kundara SRO, Tax receipts.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- S. Sivaraj
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- K. Jayan
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
Plaintiff's request for a decree restraining defendants from demolishing the boundary wall.
Evidence:
The defendants and their men are permanently restrained from demolishing the existing boundary wall constructed by plaintiff on the side of his properties.
Relief Type:
Mandatory Injunction
Outcome:
Partly Granted
Description:
Order directing defendants to remove obstruction in 4 metre wide pathway.
Evidence:
The suit is filed to allow the plaintiff for fixation of boundary of plaint C schedule property.
Relief Type:
Declaration
Outcome:
Granted
Description:
Declaration for entitlement to fix the boundary through specified lines.
Evidence:
The plaintiff is entitled to put up boundary through the line HGFEA and HIJKL in Ext.C1(b) plan at his own costs.
Documents & Evidence
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
Proves ownership and possession of the plaint A schedule property.
Reference:
Ext.A1
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
Proves ownership and the existence of a 4 metre wide pathway for access.
Reference:
Ext.A2
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
Proves ownership and possession of the plaint C schedule property.
Reference:
Ext.A3
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
Proves ownership of the plaint D schedule property.
Reference:
Ext.A4
Document Type:
Tax receipt
Submitted By:
Plaintiff
Relevance:
Evidence of payment of land tax for the plaint properties.
Reference:
Ext.A5
Document Type:
Tax receipt
Submitted By:
Plaintiff
Relevance:
Evidence of payment of land tax for the plaint properties.
Reference:
Ext.A6
Document Type:
Tax receipt
Submitted By:
Plaintiff
Relevance:
Evidence of payment of land tax for the plaint properties.
Reference:
Ext.A7
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Court's investigation report pertaining to the plaint properties.
Reference:
Ext.C1
Document Type:
Mahazar
Submitted By:
Court
Relevance:
Document detailing the inspection conducted by the court.
Reference:
Ext.C1(a)
Document Type:
Plan
Submitted By:
Court
Relevance:
Court-approved map showing the layout of the plaint properties.
Reference:
Ext.C1(b)
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Additional commission report relevant to boundary issues.
Reference:
Ext.C2
Document Type:
Mahazar
Submitted By:
Court
Relevance:
Document detailing another inspection conducted by the court.
Reference:
Ext.C2(a)
Document Type:
Report
Submitted By:
Unknown
Relevance:
Report related to the ongoing disputes as produced by third party.
Reference:
Ext.X1
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 Stephen Nelson vs Sankaranarayanan Nair et al regarding fixation of boundary and for permanent prohibitory injunction.
Case Code Year
Case between Stephen Nelson vs Sankaranarayanan Nair et al regarding fixation of boundary and for permanent prohibitory injunction.