Case Summary
Thurakkal Unneenkutty filed a suit against Pathutty and Puthuvalli Muhammed seeking to fix the boundary between their properties as there was a dispute regarding the boundary after the defendants obstructed the plaintiff's construction of a wall on the determined boundary.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Fixation of Eastern boundary of plaint A schedule property
Case Type
Civil Suit - Boundary Fixation
Final Judgment
No
The court decreed that RAB line in Ext.C4 plan is the Eastern boundary of the plaintiff's property and ordered the defendants to pay the costs of the suit.
Why Plaintiff Won:
The plaintiff had a definite cause of action as the defendants obstructed the construction of the wall on the determined boundary, and the Advocate Commissioner's reports supported the plaintiff's claim.
The plaintiff had a definite cause of action as the defendants obstructed the construction of the wall on the determined boundary, and the Advocate Commissioner's reports supported the plaintiff's claim.
Losing Side's Weaknesses:
The plaintiff had a definite cause of action as the defendants obstructed the construction of the wall on the determined boundary, and the Advocate Commissioner's reports supported the plaintiff's claim.
The plaintiff had a definite cause of action as the defendants obstructed the construction of the wall on the determined boundary, and the Advocate Commissioner's reports supported the plaintiff's claim.
Supporting Evidence
Since there are no boundaries on the Eastern side of plaint A schedule property and the defendants property as confirmed by Advocate Commissioner reports and plans, the plaintiff had a definite cause of action and the boundary was fixed accordingly.
Judgment Evidence:
I hold a view that the plot PQCBARP in Ext.C4 plan is the plaint A schedule property.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Thurakkal Unneenkutty
- Party Age
- 62
- Relation
- S/o Muhammed
- Party Role
- Defendant
- Party Name
- Pathutty
- Relation
- W/o Muhammed
- Party Role
- Defendant
- Party Name
- Puthuvalli Muhammed
- Relation
- H/o Pathutty
Plaintiffs Documents
Certified copy of Partition deed, Janm Assignment deed, Intimation from Taluk Surveyor, Receipts, Tax Receipts
Defendants Documents
Nil
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri.M.A.Ismail
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sri. S. Hariharan
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- Sri.Sreehari.P
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Boundary Fixation
Outcome:
Granted
Description:
Fixation of Eastern boundary of plaint A schedule property
Evidence:
I hold a view that the plot PQCBARP in Ext.C4 plan is the plaint A schedule property.
Documents & Evidence
Document Type:
Partition deed copy
Submitted By:
Plaintiff
Relevance:
To show original ownership
Reference:
A1
Document Type:
Assignment Deed
Submitted By:
Plaintiff
Relevance:
Proof of property transfer
Reference:
A2
Document Type:
Intimation from Surveyor
Submitted By:
Plaintiff
Relevance:
Evidence of survey
Reference:
A3
Document Type:
Receipts & Tax Receipts
Submitted By:
Plaintiff
Relevance:
Financial transactions related to the property
Reference:
A4, A5(a)-A5(f)
Case Classification
Case Type
Civil Suit - Boundary Fixation
Category
Injunction and Access Rights
District
Malappuram
State
Kerala
Court Establishment
Munsiff Court, Tirur / Rent Control Court
Common Reasons
Case Code
Case between Thurakkal Unneenkutty vs Pathutty and Puthuvalli Muhammed regarding fixation of boundary
Case Code Year
Case between Thurakkal Unneenkutty vs Pathutty and Puthuvalli Muhammed regarding fixation of boundary