Case Summary
The plaintiffs, Ajay Kumar Gupta and Mohini Shah Gupta, are seeking a permanent injunction against the defendants, Shajan Joseph.K.R. and Sebastian.C.R., who are interfering with the plaintiffs' possession of a property they purchased through a sale certificate. The case involves issues of property ownership and rights.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Permanent prohibitory injunction against the defendants from trespassing and interfering with the property.
Case Type
Civil Suit
Final Judgment
No
Why Plaintiff Won:
The plaintiffs provided unchallenged evidence proving their lawful possession of the property.
The plaintiffs provided unchallenged evidence proving their lawful possession of the property.
Judgment Evidence:
In the result, suit is decreed on the following terms. 1) Defendants are restrained by a permanent prohibitory injunction from trespassing into plaint schedule property and interfering with the peaceful possession and enjoyment of plaintiffs.
Parties Involved
Plaintiffs
Ajay Kumar Gupta (42 years)
Flat No. 2A, D.D., West Winds, Lissie Hospital Road, Ernakulam, Pin – 682 018
Mohini Shah Gupta (40 years)
Flat No. 2A, D.D. West Winds, Lissie Hospital Road, Ernakulam, Pin – 682 018
Defendants
Shajan Joseph.K.R. (56 years)
Komaroth House, Azad Road, Kaloor, Ernakulam, Pin – 682 017
Sebastian.C.R. (71 years)
607 F, Chamminikodath, 32, Palarivattom, Ernakulam, Pin – 682 025
Reliefs
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
Defendants are permanently restrained from trespassing into plaint schedule property.
Evidence:
Defendants are restrained by a permanent prohibitory injunction from trespassing into plaint schedule property and interfering with the peaceful possession and enjoyment of plaintiffs and committing any waste therein.
Relief Type:
Costs
Outcome:
Granted
Description:
Defendants are directed to pay the costs of the suit to the plaintiffs.
Evidence:
Defendants are directed to pay costs of the suit to plaintiffs.
Documents & Evidence
Document Type:
Sale Certificate
Submitted By:
Plaintiff
Relevance:
This document proves plaintiffs' legal ownership of the property based on the sale certificate from the bank.
Reference:
Ext.A7
Document Type:
Tax receipt
Submitted By:
Plaintiff
Relevance:
It demonstrates that the plaintiffs are paying taxes for the property, supporting their claim of possession.
Reference:
Ext.A10
Document Type:
Possession Certificate
Submitted By:
Plaintiff
Relevance:
Issued by the Village Officer, it affirms plaintiffs' possession of the property.
Reference:
Ext.A11
Document Type:
Commission Report
Submitted By:
Plaintiff
Relevance:
This court-produced document outlines the verification of the property's possession, supporting the plaintiffs' claims.
Reference:
Ext.C1
Document Type:
Location Sketch
Submitted By:
Plaintiff
Relevance:
It provides a detailed outline of the plaint schedule property, aiding in the court’s understanding of the case.
Reference:
Ext.A12
Document Type:
Oral Evidence
Submitted By:
Unknown
Relevance:
The oral testimony corroborated the claims made by the plaintiffs regarding their possession and enjoyment of the property.
Reference: