Case Summary
Varghese and Alice have filed a suit against Ackamma and K.C. Chacko regarding the fixation of boundary of their properties. The plaintiffs allege that the defendants obstructed their construction of a compound wall.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Decree of fixation of boundary and permanent prohibitory injunction.
Case Type
Civil Suit
Final Judgment
No
The court decreed that the plaintiffs are entitled to construct a compound wall and granted a permanent prohibitory injunction against the defendants from trespassing on the plaintiffs' properties.
Why Plaintiff Won:
The plaintiffs proved their ownership of the properties and the lack of physical boundaries.
The plaintiffs proved their ownership of the properties and the lack of physical boundaries.
Losing Side's Weaknesses:
The plaintiffs proved their ownership of the properties and the lack of physical boundaries.
The plaintiffs proved their ownership of the properties and the lack of physical boundaries.
Supporting Evidence
The evidence discussed above would show that this contention is baseless. Hence the apprehension of the plaintiffs that defendants may trespass on plaint schedule Item No.1 and 2 properties cannot be ruled out.
Judgment Evidence:
In the result the suit is decreed as follows: 1 The Northern boundary of the plaint schedule Item No.1 property is fixed through ‘KPU’ line in Ext.C1 (a) plan. The plaintiff is permitted to construct compound wall through ‘PU’ line on the Northern side of plaint schedule item No.1 property.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Varghese
- Party Age
- 73
- Relation
- S/o
- Party Role
- Plaintiff
- Party Name
- Alice
- Party Age
- 63
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Ackamma
- Party Age
- 68
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- K.C. Chacko
- Party Age
- 75
- Relation
- H/o
Plaintiffs Documents
Certified copies of sale deed No. 1181/2001, sale deed No. 918/2002, land tax receipt, certified copy of sale deed No. 925/1993.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- George Kurian
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sajan Mathew K.
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
Permanent prohibitory injunction restraining the defendants from trespassing on the plaint schedule items.
Evidence:
A decree of permanent prohibitory injunction is granted restraining the defendants from trespassing on the plaint schedule Item No.1 property...
Relief Type:
Declaration
Outcome:
Granted
Description:
Decree of fixation of boundary for plaintiff's properties.
Evidence:
The northern boundary of the plaint schedule Item No.1 property is fixed through ‘KPU’ line in Ext.C1 (a) plan.
Relief Type:
Declaration
Outcome:
Granted
Description:
Permission to construct compound wall on the northern side of plaint schedule item No.1 property.
Evidence:
The plaintiff is permitted to construct compound wall through ‘PU’ line on the Northern side of plaint schedule item No.1 property.
Relief Type:
Declaration
Outcome:
Granted
Description:
Permission to construct compound wall on the eastern side of plaint schedule item No.2 property.
Evidence:
The eastern side of plaint schedule item No.2 property is fixed through the ‘MP’ line.
Documents & Evidence
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
Certified copy of sale deed No. 1181/2001 establishing ownership of item No. 1 property.
Reference:
Ext.A1
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
Certified copy of sale deed No. 918/2002 establishing ownership of item No. 2 property.
Reference:
Ext.A2
Document Type:
Land Tax Receipt
Submitted By:
Plaintiff
Relevance:
Land tax receipt corresponding to properties establishing tax payment for ownership verification.
Reference:
Ext.A3
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
Certified copy of sale deed No. 925/1993 establishing ownership of item No. 3 property.
Reference:
Ext.A4
Document Type:
Land Tax Receipt
Submitted By:
Plaintiff
Relevance:
Land tax receipt corresponding to properties establishing tax payment for ownership verification.
Reference:
Ext.A5
Document Type:
Possession Certificate
Submitted By:
Plaintiff
Relevance:
Possession certificate for establishing occupancy of the properties.
Reference:
Ext.A6
Document Type:
Possession Certificate
Submitted By:
Plaintiff
Relevance:
Possession certificate for establishing occupancy of the properties.
Reference:
Ext.A7
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Commission report filed by Advocate Commissioner relevant to property boundaries.
Reference:
Ext.C1
Document Type:
Survey Plan
Submitted By:
Court
Relevance:
Survey plan filed by Advocate Commissioner depicting property boundaries.
Reference:
Ext.C1(a)
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Commission report filed by Advocate Commissioner relevant to property boundaries.
Reference:
Ext.C2
Document Type:
Rough Sketch
Submitted By:
Court
Relevance:
Rough sketch filed by Advocate Commissioner supporting the boundary claims.
Reference:
Ext.C2(a)
Case Classification
Case Type
Civil Suit
Category
Property and Possession Disputes
District
Kottayam
State
Kerala
Court Establishment
Munsiff Court Kanjirappally
Common Reasons
Boundary Dispute
Case Code
O.S
Case Code Year
2020