Case Summary
The plaintiffs, Suresh Babu and Lakshmi, are seeking a permanent prohibitory injunction against the State of Kerala and other governmental defendants. The case involves a dispute over property boundaries following a resurvey, with the plaintiffs arguing that their property has been incorrectly categorized as land belonging to the government.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
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 C2-2 till the north-western point of C2-2, having a side measurement of 13.40 meters.
Case Type
Civil Suit
Final Judgment
No
The court has decreed the suit in favor of the plaintiffs, fixing the western boundary of their property and restraining the defendants from interfering with the plaintiffs' possession.
Why Plaintiff Won:
Plaintiffs have established clear title and possession of the property as per their deed.
Plaintiffs have established clear title and possession of the property as per their deed.
Losing Side's Weaknesses:
Not available
Not available
Supporting Evidence
The primary contention of the defendants and the very basis of their defense is that upon completion of resurvey, it was found that a portion of plaint schedule property came within the road puramboke land comprised in Re Sy. 27/71, Block 23 of Nadama Village. However, the court held that title and possession are matters to be decided by a Civil Court, and the alleged boundary issues did not negate the plaintiffs' clear title.
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 C2-2 till the north-western point of C2-2, having a side measurement of 13.40 meters. 2) Defendants and their men are restrained from interfering with the plaintiff’s peaceful possession and enjoyment of plaint A schedule property or encroaching into plaint A schedule property or demolishing its compound wall or committing any act of waste therein.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Suresh Babu
- Party Age
- 52
- Relation
- S/o
- Party Role
- Plaintiff
- Party Name
- Lakshmi
- Party Age
- 77
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- State of Kerala
- Relation
- Represented by
- Party Role
- Defendant
- Party Name
- The Deputy Director of Survey and Land Records
- Party Role
- Defendant
- Party Name
- The Tahsildar, Kanayannur Taluk
- Party Role
- Defendant
- Party Name
- The Village Officer, Nadama Village Office
- Party Role
- Defendant
- Party Name
- The Tahsildar (Land Records), Kanayannur Taluk
Plaintiffs Documents
Certified copy of Partition deed No. 1252/1997 of SRO, Thrippunithura; Certified copy of Land tax receipt No. 4594066 issued from Nadama Village office; Certified copy of Possession certificate issued from Nadama Village Office; Certified copy of Thandaper Account issued by the Village Officer, Nadama; Copy of complaints submitted by the plaintiffs to the Deputy Director, Survey & Land Records.
Defendants Documents
Nil
Advocates
- Party Role
- Plaintiff
- Advocate Name
- K C Eldho
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Jijo Thomas
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Sindhu Elias K
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Mallenathan M
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Government Pleader
- Appearance Type
- Government Pleader
Reliefs
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
Defendants and their men are restrained from interfering with the plaintiffs’ peaceful possession.
Evidence:
Defendants and their men are restrained from interfering with the plaintiff’s peaceful possession and enjoyment of plaint A schedule property or encroaching into plaint A schedule property or demolishing its compound wall or committing any act of waste therein.
Relief Type:
Fixation of Boundaries
Outcome:
Granted
Description:
The western boundary of plaint A schedule property is to be fixed.
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 C2-2 till the north-western point of C2-2, having a side measurement of 13.40 meters.
Documents & Evidence
Document Type:
Partition Deed
Submitted By:
Plaintiff
Relevance:
This document establishes the title of the plaintiffs over the property.
Reference:
Ext.A1
Document Type:
Land Tax Receipt
Submitted By:
Plaintiff
Relevance:
This document supports the claim of ownership by showing the payment of land tax.
Reference:
Ext.A2
Document Type:
Possession Certificate
Submitted By:
Plaintiff
Relevance:
This document provides evidence of the plaintiffs' possession of the property.
Reference:
Ext.A3
Document Type:
Thandaper Account
Submitted By:
Plaintiff
Relevance:
This document further substantiates the plaintiffs' claim over the property.
Reference:
Ext.A4
Document Type:
Complaint
Submitted By:
Plaintiff
Relevance:
This document shows the complaints made by the plaintiffs regarding the property.
Reference:
Ext.A5
Document Type:
Complaint
Submitted By:
Plaintiff
Relevance:
This document is part of the evidence regarding disputes related to the property.
Reference:
Ext.A6
Document Type:
Notice under Section 80 CPC
Submitted By:
Plaintiff
Relevance:
This document illustrates the formal notification given to the defendants.
Reference:
Ext.A7
Document Type:
Reply Notice
Submitted By:
Plaintiff
Relevance:
This document presents the defendants' response to the plaintiffs' notice.
Reference:
Ext.A8
Document Type:
Final report
Submitted By:
Court
Relevance:
This report is used to assess the property boundaries as per the title documents.
Reference:
Ext.C1
Document Type:
Survey Sketch
Submitted By:
Court
Relevance:
This sketch provides a visual representation of the property boundaries.
Reference:
Ext.C1(a)
Document Type:
Oral Evidence
Submitted By:
Unknown
Relevance:
Includes the testimonies of witnesses for both plaintiffs and defendants.
Reference:
Case Classification
Case Type
Civil Suit
Category
Property and Possession Disputes
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Common Reasons
Boundary Dispute
Case Code
Case between Suresh Babu vs State of Kerala et al regarding permanent prohibitory injunction
Case Code Year
Case between Suresh Babu vs State of Kerala et al regarding permanent prohibitory injunction