Case Summary
Plaintiffs sought boundary fixation and perpetual injunction against the defendant with regard to property obtained via partition deed. Court confirmed plaintiffs' entitlement to relief based on partition deed and lack of clear boundaries.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Fixation of boundary and perpetual injunction
Case Type
Civil Suit - Fixation of Boundary and Perpetual Injunction
Final Judgment
No
Why Plaintiff Won:
The plaintiffs proved their entitlement based on the partition deed and lack of boundaries demarcating the properties.
The plaintiffs proved their entitlement based on the partition deed and lack of boundaries demarcating the properties.
Judgment Evidence:
The suit is decreed as follows: 1. The eastern and southern boundaries of item No. VI property shown by Advocate commissioner in Ext.C6 plan are fixed as eastern and southern boundaries of the plaint schedule property.
Parties Involved
Plaintiffs
Arichali Muhammed's children, Ayishakutty (60 years)
Ozhur amsom, Eranallur desom, Tirur Taluk
Pathummakutty (54 years)
Ozhur amsom, Eranallur desom, Tirur Taluk
Defendants
Chinnambat Muhammed's daughter, Aminakutty (73 years)
Ozhur amsom, Eranallur desom, Tirur Taluk
Reliefs
Relief Type:
Fixation of Boundary
Outcome:
Granted
Description:
Boundary of the plaint schedule property fixed as per commissioner's report.
Evidence:
The eastern and southern boundaries of item No. VI property shown by Advocate commissioner in Ext.C6 plan are fixed as eastern and southern boundaries of the plaint schedule property.
Relief Type:
Perpetual Injunction
Outcome:
Granted
Description:
Defendant restrained from trespassing into plaint schedule property or interfering with the enjoyment of the plaintiffs.
Evidence:
The defendant is restrained by a perpetual injunction from trespassing into the plaint schedule property or causing any interference with the enjoyment of the plaint schedule property by the plaintiffs.
Documents & Evidence
Document Type:
Certified Copy of Partition Deed
Submitted By:
Plaintiff
Relevance:
To establish ownership and partition details.
Reference:
A1
Document Type:
Tax receipt
Submitted By:
Plaintiff
Relevance:
Proof of tax payment for the property.
Reference:
A2
Document Type:
Settlement Deed
Submitted By:
Defendant
Relevance:
Properties settled to defendant's children.
Reference:
B1-B6
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Reports on property identification and boundaries.
Reference:
C1, C3, C5