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
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.
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
Plaintiffs
Suresh Babu (52 years years)
Veliyil House, Kozhivettumveli, Eroor North, Eroor P O, Nadama Village, Kanayannur Taluk, Ernakulam District, Pin code – 682 306
Lakshmi (77 years years)
Veliyil House, Kozhivettumveli, Eroor North, 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, Nadama Village Office (Age not specified years)
Thripunithura – 682 301
The Tahsildar (Land Records), Kanayannur Taluk (Age not specified years)
Kanayannur Taluk office, Ernakulam, Cochin – 682 011
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: