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IN THE HIGH COURT OF KERALA AT ERNAKULAM
EASWARAN S., J
Seena P.P., W/o. Vijayarajan – Appellant
Versus
Sugatha, D/o. Late Vijayan – Respondent
JUDGMENT :
(EASWARAN S., J.)
The appellants herein are the defendants in O.S. No.336 of 2012 on the files of the Additional Munsiff Court, Kannur and the appellants in A.S. No.59 of 2014 on the files of the Sub Court, Kannur.
2. The brief facts necessary for disposal of this appeal are as follows:
The respondents herein, who are the plaintiffs, filed O.S. No.336 of 2012 for a prohibitory and mandatory injunction against the appellants. The plaint schedule property, according to the plaintiffs, belongs to Sri. T.K. Vijayan, who is the husband of the 1st plaintiff and father of 2nd plaintiff. The aforesaid Sri.T.K. Vijayan acquired the plaint schedule property as two plots, i.e., 24 cents and 10.5 cents and the property is lying as a single plot. The property having the extent of 24 cents was owned by him as per partition deed No.2620/1980 of SRO Kannur and the property having the extent of 10.5 cents was owned by him as per partition deed No.1451/1986 of SRO, Kannur. The compound wall was constructed within the plaint schedule property by Sri.T.K. Vijayan and the defendants (appellants herein) have no right over the plaint schedule property or the compound wall. The defendants purchased
The appellate court erred by not admitting the Advocate Commissioner's report, necessitating a remand for fresh consideration of the appeal.
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An injunction suit is not maintainable when the title is contested, necessitating a declaratory judgment before granting injunctive relief.
Perpetual injunction cannot be granted without clear identification of disputed property.
A court cannot entertain a second appeal under Section 100 CPC unless a substantial question of law is raised, reaffirming that lower courts’ evidence assessments cannot be re-evaluated absent new co....
Points of Law : No contentions were pleaded in affidavit accompanying I.A. and it was improper for Appellate Judge to appoint Advocate Commissioner - This would certainly amount to improper exercise ....
A suit for permanent injunction is not maintainable without seeking a declaration of title, emphasizing the necessity of establishing lawful possession and the binding nature of prior Commissioner's ....
In property disputes, discrepancies between title deeds and TSLR reports favor the registered dimensions in determining ownership and encroachment, with physical possession reports being pivotal.
In injunction suits, courts must prioritize evidence of title and possession, ensuring proper property identification; reliance on flawed survey reports leads to miscarriages of justice.
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