Case Summary
The plaintiffs, Vasanthammal and Vijayammal, are seeking a declaration of their title and possession over a property in Kottamkara Village, which they allege has been encroached upon by the defendants, Ushakumari, Rajalekshmi, and Mahesh. The suit involves fixing the boundaries and preventing further encroachment by the defendants.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Plaintiffs are entitled to remove the encroached portion, construct a boundary along the specified line, and recover costs.
Case Type
Civil Suit
Final Judgment
No
The court found in favor of the plaintiffs, declaring their title and possession over the property. The defendants were ordered to remove encroachments and are permanently restrained from further constructions on the plaint schedule property.
Why Plaintiff Won:
Plaintiffs had superior title over the property as evidenced by the settlement deed.
Plaintiffs had superior title over the property as evidenced by the settlement deed.
Losing Side's Weaknesses:
Not available
Not available
Supporting Evidence
The plaintiffs already acquired rights over the plaint schedule property as per the valid settlement deed executed by their mother prior to the claims raised by the defendants.
Judgment Evidence:
In the result, the suit is decreed with costs as follows: 1. It is declared that the plaintiffs have absolute title and possession over the plaint schedule property.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Vasanthammal
- Party Age
- 60
- Relation
- D/o
- Party Role
- Plaintiff
- Party Name
- Vijayammal
- Party Age
- 53
- Relation
- D/o
- Party Role
- Defendant
- Party Name
- Ushakumari
- Party Age
- 56
- Relation
- D/o
- Party Role
- Defendant
- Party Name
- Rajalekshmi
- Party Age
- 26
- Relation
- D/o
- Party Role
- Defendant
- Party Name
- Mahesh
- Party Age
- 29
- Relation
- H/o
Plaintiffs Documents
Settlement Deed No. 2899/2005, Land Tax Receipt dated 14/05/2013
Defendants Documents
Settlement Deed No. 5238/81, Sale Deed No. 3583/2007, Settlement Deed No. 3008/08, Land Tax Receipts for multiple dates
Advocates
- Party Role
- Plaintiff
- Advocate Name
- G.Gopakumar
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Parvathy S.Pillai
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- E.Shanavaskhan
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Declaration
Outcome:
Granted
Description:
The plaintiffs seek a declaration of absolute title and possession over the plaint schedule property.
Evidence:
It is declared that the plaintiffs have absolute title and possession over the plaint schedule property.
Relief Type:
Fixation of Boundary
Outcome:
Granted
Description:
The plaintiffs request the boundary to be fixed along specified lines.
Evidence:
The Plaintiffs are entitled to put up boundary along the line ABCDA as stated in Ext.C2(b) plan.
Relief Type:
Recovery
Outcome:
Granted
Description:
The plaintiffs request removal of encroached portions by the defendants.
Evidence:
The defendants are directed to remove the encroached portion of the building over the plaint schedule properties within 60 days from today.
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
The plaintiffs seek to permanently restrain the defendants from making further constructions.
Evidence:
The defendants and their agents are permanently restrained from making any further constructions by including the plaint schedule property.
Documents & Evidence
Document Type:
Settlement Deed
Submitted By:
Plaintiff
Relevance:
This document establishes the plaintiffs' ownership of the plaint schedule property.
Reference:
Ext.A1
Document Type:
Land Tax Receipt
Submitted By:
Plaintiff
Relevance:
This document shows that the plaintiffs paid land tax for the plaint schedule property.
Reference:
Ext.A2
Document Type:
Settlement Deed
Submitted By:
Defendant
Relevance:
This document is referenced by the defendants to claim title over the property.
Reference:
Ext.B1
Document Type:
Sale deed
Submitted By:
Defendant
Relevance:
This document supports the defendants' claim of ownership over a part of the property.
Reference:
Ext.B2
Document Type:
Settlement Deed
Submitted By:
Defendant
Relevance:
This document is claimed by the defendants to have transferred property rights.
Reference:
Ext.B4
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Court-ordered inspection report relevant to the boundary determination.
Reference:
Ext.C1 series
Document Type:
Commission Report
Submitted By:
Court
Relevance:
This report details the findings of the survey and delineates boundaries.
Reference:
Ext.C2 series
Case Classification
Case Type
Civil Suit
Category
Property and Possession Disputes
District
Kollam
State
Kerala
Court Establishment
Munsiff Court Kollam
Common Reasons
Case Code
Case between Vasanthammal et al vs Ushakumari et al regarding Declaration, Fixation of Boundary and Injunction
Case Code Year
Case between Vasanthammal et al vs Ushakumari et al regarding Declaration, Fixation of Boundary and Injunction