Case Summary
Sudhi, the plaintiff, is seeking to establish his ownership and prevent the defendants from encroaching on his property. The defendants include various government officials who have allegedly threatened to demolish part of his property, claiming it is part of government land.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Fixed the western boundary of plaint A schedule property and restrained defendants from interfering with plaintiff’s peaceful possession.
Case Type
Civil Suit
Final Judgment
No
Why Plaintiff Won:
The plaintiff was able to provide evidence of ownership and legal documentation supporting his claim to the property.
The plaintiff was able to provide evidence of ownership and legal documentation supporting his claim to the property.
Judgment Evidence:
In the result, the suit is decreed as follows; 1) The western boundary of plaint A schedule property is fixed as the red line starting from the south-western point of the plot shown as A1 and A1-1 till the north-western point of A1-1, having a side measurement of 10.6 meters.
Parties Involved
Plaintiffs
Sudhi (50 years years)
Thoosath House, Eroor P O, Nadama Village, Kanayannur Taluk, Ernakulam District, Pin code – 682 306
Defendants
State of Kerala (Age not specified years)
Civil Station, Ernakulam, Kakkanad P O, Pin – 682 030
The Deputy Director of Survey and Land Records (Age not specified years)
Office of the Deputy Director of Survey and Land Records, Civil Station, Ernakulam, Kakkanad P O, Pin – 682 030
The Tahsildar, Kanayannur Taluk (Age not specified years)
Kanayannur Taluk Office, Ernakulam, Cochin – 682 011
The Village Officer (Age not specified years)
Nadama Village Office, Thripunithura – 682 301
The Tahsildar (Land Records) (Age not specified years)
Kanayannur Taluk office, Ernakulam, Cochin – 682 011
Reliefs
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
To restrain the defendants from interfering with the plaintiff’s possession of the property.
Evidence:
Defendants and their men are restrained from interfering with the plaintiff’s peaceful possession and enjoyment of plaint A schedule property.
Relief Type:
Declaration
Outcome:
Granted
Description:
Fixation of the western boundary of the plaint schedule property.
Evidence:
The western boundary of plaint A schedule property is fixed as the red line starting from the south-western point of the plot shown as A1 and A1-1 till the north-western point of A1-1, having a side measurement of 10.6 meters.
Documents & Evidence
Document Type:
Partition Deed
Submitted By:
Plaintiff
Relevance:
Establishes the plaintiff's ownership and boundaries of the property in question.
Reference:
Ext.A1
Document Type:
Land Tax Receipt
Submitted By:
Plaintiff
Relevance:
Supports the plaintiff's claim of ownership as it shows tax payment for the property.
Reference:
Ext.A2
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
Provides historical ownership details of the property from the father of the plaintiff.
Reference:
Ext.A3
Document Type:
Application
Submitted By:
Plaintiff
Relevance:
Demonstrates the plaintiff’s request to the authorities regarding the property dispute.
Reference:
Ext.A4
Document Type:
Notice
Submitted By:
Plaintiff
Relevance:
Shows the statutory notice issued to the defendants regarding the dispute.
Reference:
Ext.A5
Document Type:
Reply Notice
Submitted By:
Plaintiff
Relevance:
Documents the response received from the authorities regarding the plaintiff's complaints.
Reference:
Ext.A6
Document Type:
Final report
Submitted By:
Court
Relevance:
Contains the findings of the advocate commissioner regarding the property boundaries.
Reference:
Ext.C1
Document Type:
Sketch
Submitted By:
Court
Relevance:
Provides a visual representation of the boundaries as assessed by the advocate commissioner.
Reference:
Ext.C1(a)
Document Type:
Oral Evidence
Submitted By:
Unknown
Relevance:
Includes testimonies of the plaintiff and the defendant.
Reference: