Case Summary
This case involves a dispute between Thomas Kanakan Mathen and Janaki regarding the fixation of boundary and injunction. The plaintiff claims that the defendant encroached upon his properties and has filed a suit seeking legal redress.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Plaintiff is entitled to realize costs of the suit from the defendant.
Case Type
Civil Suit
Final Judgment
No
The court decreed in part that the defendant and her men are restrained from trespassing into the plaint A and B schedule properties and from committing any waste therein.
Why Plaintiff Won:
The plaintiff succeeded in proving his case with sufficient evidence.
The plaintiff succeeded in proving his case with sufficient evidence.
Losing Side's Weaknesses:
The plaintiff succeeded in proving his case with sufficient evidence.
The plaintiff succeeded in proving his case with sufficient evidence.
Supporting Evidence
By producing Exts. A1 to A4 and C1 series and by deposing in tune with the plaint averments in the affidavit, the plaintiff has succeeded in proving his case. Moreover, there is no evidence to rebut the evidence adduced on the side of the plaintiff.
Judgment Evidence:
In the result, this suit is decreed in part as follows: The defendant and her men are restrained from trespassing into the plaint A and B schedule properties and from committing any waste therein and from encroaching portions of the plaint A and B schedule properties.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Thomas Kanakan Mathen
- Party Age
- 66
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Janaki
- Party Age
- 80
- Relation
- W/o
Plaintiffs Documents
Certified copy of Sale Deed No.10/1987, Sale deed No.1168/2016, Land Tax Receipt, Land Tax Receipt
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Boris Paul
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Arjunan N.Kaithappuzha
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Injunction
Outcome:
Granted
Description:
Defendant restrained from trespassing into the plaint A and B schedule properties.
Evidence:
The defendant and her men are restrained from trespassing into the plaint A and B schedule properties and from committing any waste therein and from encroaching portions of the plaint A and B schedule properties.
Documents & Evidence
Document Type:
Will Deed
Submitted By:
Plaintiff
Relevance:
Certified copy of will deed No.10/1987 establishing property ownership of the plaintiff.
Reference:
Ext.A1
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
Sale deed No.1168/2016 transferring property to the plaintiff.
Reference:
Ext.A2
Document Type:
Land Tax Receipt
Submitted By:
Plaintiff
Relevance:
Tax receipt indicating the extent of properties owned by the plaintiff.
Reference:
Ext.A3
Document Type:
Land Tax Receipt
Submitted By:
Plaintiff
Relevance:
Tax receipt for the property under Resurvey No: 236/5-1 in favor of the plaintiff.
Reference:
Ext.A4
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Commission report and survey plan prepared and submitted by Advocate Commissioner, providing boundary assessments.
Reference:
Ext.C1
Case Classification
Case Type
Civil Suit
Category
Property and Possession Disputes
District
Kollam
State
Kerala
Court Establishment
Munsiff Court Kollam
Common Reasons
Boundary Dispute
Case Code
Case between Thomas Kanakan Mathen vs Janaki regarding fixation of boundary and injunction
Case Code Year
Case between Thomas Kanakan Mathen vs Janaki regarding fixation of boundary and injunction