Case Summary
The plaintiff, T. K. Lalu, is seeking to fix the boundary between his property and that of the defendants, who include the State of Kerala and others. The case revolves around allegations of inaccuracies in property boundaries established in a resurvey.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Rectification of resurvey records and injunction against defendants obstructing construction.
Case Type
Civil Suit
Final Judgment
No
The court found that the plaintiff has established title and possession over the property. The western boundary has been fixed, and the defendants are ordered to rectify the resurvey records.
Why Plaintiff Won:
The plaintiff proved title and possession over the disputed property.
The plaintiff proved title and possession over the disputed property.
Losing Side's Weaknesses:
The plaintiff proved title and possession over the disputed property.
The plaintiff proved title and possession over the disputed property.
Supporting Evidence
The commissioner had reported the kayyala to be having more than 50 years and it is reported to be an oruva kayyala, which distinguishes the properties and affirms the plaintiff's claims.
Judgment Evidence:
In the result, the suit is decreed in part as follows: 1. It is hereby declared that, plaintiff is having title and possession over plaint A schedule property shown as plot No. 1, 2 and 3 in Ext. C2, C2(a) and C2(b). 2. The western boundary of the plaint A schedule property is hereby fixed through the green line (kayyala) shown in Ext. C2(a).
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- T. K. Lalu
- Party Age
- 48
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- State of Kerala
- Relation
- Represented by
- Party Role
- Defendant
- Party Name
- Tahasildar, Kunnathunadu Taluk
- Party Role
- Defendant
- Party Name
- Village Officer, Vengoor Village
- Party Role
- Defendant
- Party Name
- Mathai @ Baby
- Party Age
- 60
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- James
- Party Age
- 57
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Jaison
- Party Age
- 48
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Eldhose
- Party Age
- 45
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Leena James
- Party Age
- 48
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Jinna James
- Party Age
- 23
- Relation
- D/o
- Party Role
- Defendant
- Party Name
- Basil James
- Party Age
- 19
- Relation
- S/o
Plaintiffs Documents
Certified copies of sale deed No. 601/1966, Will deed bearing No. 39/1999, and other documents.
Defendants Documents
Land tax receipts thandaper No.3116, No.3115, No.3117.
Advocates
- Party Role
- Plaintiff
- Advocate Name
- P. T. Geevarghese
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Praju K. Paul
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- Addl. Govt. Pleader
- Appearance Type
- Government Pleader
- Party Role
- Defendant
- Advocate Name
- M. U. Devassykutty
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- T V Eldho
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Declaration
Outcome:
Granted
Description:
Declaration of title and possession over plaint A schedule property.
Evidence:
It is hereby declared that, plaintiff is having title and possession over plaint A schedule property shown as plot No. 1, 2 and 3 in Ext. C2, C2(a) and C2(b).
Relief Type:
Mandatory Injunction
Outcome:
Granted
Description:
To rectify the mistakes in the resurvey plan and resurvey records.
Evidence:
Defendants 1 to 3 are directed to rectify the mistakes in the resurvey plan and the resurvey records with respect to the boundary and extent by way of mandatory injunction as per Ext. C2, C2(a) and C2(b).
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
Restraining the defendants from obstructing the construction of the boundary wall.
Evidence:
The defendants 4 to 7 are restrained from constructing compound wall on the boundary as fixed herein as per Ext. C2, C2(a) and C2(b).
Documents & Evidence
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
Certified copy of the sale deed No.601/1966 of SRO, Perumbavoor, establishing title of the plaintiff's father over the property.
Reference:
Ext.A1
Document Type:
Will Deed
Submitted By:
Plaintiff
Relevance:
Certified copy of the will deed bearing No.39/1999 of SRO, Kuruppampady, bequeathing the property to the plaintiff.
Reference:
Ext.A2
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
Certified copy of the sale deed bearing No.630/1996 of SRO, Perumbavoor, establishing the title of the defendants' father over the property.
Reference:
Ext.A3
Document Type:
Survey Plan
Submitted By:
Plaintiff
Relevance:
True copy of the survey plan pertaining to the survey No.564/38 submitted on 22.5.2018.
Reference:
Ext.A5
Document Type:
Survey Plan
Submitted By:
Plaintiff
Relevance:
True copy of the old survey plan pertaining to the survey No.564/1/19 submitted on 22.5.2018.
Reference:
Ext.A7
Document Type:
Survey Document
Submitted By:
Plaintiff
Relevance:
True copy of the survey number pertaining to resurvey No.333 submitted on 22.5.2018.
Reference:
Ext.A8
Document Type:
BTR
Submitted By:
Plaintiff
Relevance:
Certified copy of the BTR of Vengoor Village survey member 333/1 & 333/2.
Reference:
Ext.A9
Document Type:
Survey Plans
Submitted By:
Plaintiff
Relevance:
Attested copies of the plans to survey No.564/1/21, 1/23, 1D, 564/38, 39 & 40 in two sheets.
Reference:
Ext.A10
Document Type:
Partition Deed
Submitted By:
Plaintiff
Relevance:
Certified copy of the partition deed bearing No.207/2018 of SRO, Kuruppampady.
Reference:
Ext.A11
Document Type:
Lawyer Notice
Submitted By:
Plaintiff
Relevance:
Office copy of the lawyer notice.
Reference:
Ext.A12
Document Type:
Postal Receipts
Submitted By:
Plaintiff
Relevance:
Postal receipts showing the issuance of notice.
Reference:
Ext.A13
Document Type:
Acknowledgment Cards
Submitted By:
Plaintiff
Relevance:
Acknowledgment cards showing the receipt of notice by the defendants.
Reference:
Ext.A14
Document Type:
Land Tax Receipt
Submitted By:
Defendant
Relevance:
Land tax receipt thandaper No.3116 of Vengoor Village.
Reference:
Ext.B1
Document Type:
Land Tax Receipt
Submitted By:
Defendant
Relevance:
Land tax receipt thandaper No.3115 of Vengoor Village.
Reference:
Ext.B2
Document Type:
Land Tax Receipt
Submitted By:
Defendant
Relevance:
Land tax receipt thandaper No.3117 of Vengoor Village.
Reference:
Ext.B3
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Commission report and rough sketch submitted by Adv. Ann Mathew.
Reference:
Ext.C1
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Commission report and survey plan submitted by Adv. P.V. Shiji.
Reference:
Ext.C2
Document Type:
Survey Plans
Submitted By:
Court
Relevance:
Included in the commission report submitted by Adv. P.V. Shiji.
Reference:
Ext.C2(a)
Document Type:
Commission Reports
Submitted By:
Court
Relevance:
Included in the commission report submitted by Adv. P.V. Shiji.
Reference:
Ext.C2(b)
Case Classification
Case Type
Civil Suit
Category
Property and Possession Disputes
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Perumbavoor
Common Reasons
Boundary Dispute
Case Code
Case between T. K. Lalu vs State of Kerala et al regarding fixation of boundary and injunctive relief
Case Code Year
Case between T. K. Lalu vs State of Kerala et al regarding fixation of boundary and injunctive relief