Case Summary
The case involves a dispute between Thankappan and Jineesh.P.U regarding the fixation of boundaries for their respective properties. The plaintiff alleges that the defendant has been attempting to encroach upon his property.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The plaintiff is entitled to get a decree for fixing the west side north-western boundary demarcating item No.1 and 2 properties.
Case Type
Civil Suit
Final Judgment
No
The court decreed the suit in favor of the plaintiff, confirming his right to establish boundaries between the properties.
Why Plaintiff Won:
The court found uncontested evidence supporting the plaintiff's claims regarding boundary encroachments.
The court found uncontested evidence supporting the plaintiff's claims regarding boundary encroachments.
Losing Side's Weaknesses:
The court found uncontested evidence supporting the plaintiff's claims regarding boundary encroachments.
The court found uncontested evidence supporting the plaintiff's claims regarding boundary encroachments.
Supporting Evidence
From the unchallenged evidence, it can be seen that plaintiff is entitled to get a decree as prayed for.
Judgment Evidence:
In the result, suit is decreed with costs as follows:- The plaintiff is entitled to get a decree for fixing the west side north-western boundary demarcating item No.1 and 2 properties.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Thankappan
- Party Age
- 70
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Jineesh.P.U
- Party Age
- 42
- Relation
- S/o
Plaintiffs Documents
Certified copy of sale deed No. 1483/86, Land Tax receipt No.KL 05051105095/2024.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Joji Alex
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Other
Outcome:
Granted
Description:
Decree for fixing the west side north-western boundary demarcating item No.1 and 2 properties.
Evidence:
In the result, suit is decreed with costs as follows:- The plaintiff is entitled to get a decree for fixing the west side north-western boundary demarcating item No.1 and 2 properties.
Documents & Evidence
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
Certified copy of Sale deed No. 1483/1986 of SRO, Vechoor which establishes plaintiff's ownership.
Reference:
Ext.A1
Document Type:
Tax receipt
Submitted By:
Plaintiff
Relevance:
Tax receipt dated 24.06.2024 related to the property ownership.
Reference:
Ext.A2
Document Type:
Survey Commission Report
Submitted By:
Court
Relevance:
Survey Commission Report filed by Adv. Shyla.K.A which identifies the plaint schedule properties.
Reference:
Ext.C1
Document Type:
Survey Plan
Submitted By:
Court
Relevance:
Survey plan prepared by Surveyor P.D.Rajaram attached along with the commission report.
Reference:
Ext.C1(a)
Case Classification
Case Type
Civil Suit
Category
Property and Possession Disputes
District
Kottayam
State
Kerala
Court Establishment
Munsiff Court Vaikom
Common Reasons
Unauthorized occupation
Case Code
Case between Thankappan vs Jineesh.P.U regarding fixation of boundary.
Case Code Year
Case between Thankappan vs Jineesh.P.U regarding fixation of boundary.