Case Summary
The plaintiff, Aleyamma @ Ajitha, is seeking recovery of possession of properties that originally belonged to her deceased father. The defendants are alleged to have illegally possessed these properties.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The plaintiff is entitled to recover possession of plaint schedule item no.1, 2 and 3 properties from the defendants no.1 to 5 and to receive ₹2,500 per year as damages.
Case Type
Civil Suit
Final Judgment
No
The plaintiff's claim for recovery of possession of the properties has been proven, and the court has ordered the defendants to vacate the premises and pay damages.
Why Plaintiff Won:
The plaintiff successfully proved ownership and possession of the properties.
The plaintiff successfully proved ownership and possession of the properties.
Losing Side's Weaknesses:
The plaintiff successfully proved ownership and possession of the properties.
The plaintiff successfully proved ownership and possession of the properties.
Supporting Evidence
From the unrebutted evidence of PW1 and Exhibits A1 to A4, it is proved that plaintiff is the owner-in-possession of plaint schedule item no.1 to 3 properties and the defendants are liable to pay future damages for an amount of ₹2,500 per year to the plaintiff.
Judgment Evidence:
In the result, the suit is decreed as follows: 1) The plaintiff is entitled to recover possession of plaint schedule item no.1, 2 and 3 properties from the defendants no.1 to 5. 2) The defendants no.1 to 5 shall pay an amount of ₹2,500 (Rupees Two Thousand and Five Hundred only) per year as damages from the date of suit till the date of eviction to the plaintiff.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Aleyamma @ Ajitha
- Party Age
- 53
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Ajith P Markose
- Party Age
- 44
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Aju Markose
- Party Age
- 46
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Anju Markose
- Party Age
- 52
- Relation
- D/o
- Party Role
- Defendant
- Party Name
- P.P.Philipose
- Party Age
- 63
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- P.P.Punnoose
- Party Age
- 78
- Relation
- S/o
Plaintiffs Documents
Copy of sale deed No.2743/1966, Copy of sale deed No.2203/1966, Copy of sale deed No.623/1964, Copy of Will No.46/1973.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Saji Koduvath
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Possession
Outcome:
Granted
Description:
The plaintiff is entitled to recover possession of the properties from the defendants.
Evidence:
the plaintiff is entitled to recover possession of plaint schedule item no.1, 2 and 3 properties from the defendants no.1 to 5.
Relief Type:
Damages
Outcome:
Granted
Description:
The defendants are required to pay future damages to the plaintiff.
Evidence:
The defendants no.1 to 5 shall pay an amount of ₹2,500/- (Rupees Two Thousand and Five Hundred only) per year as damages from the date of suit till the date of eviction to the plaintiff.
Relief Type:
Recovery
Outcome:
Granted
Description:
The plaintiff is entitled to recover costs from the defendants.
Evidence:
the plaintiff is entitled to recover costs from the defendants no.1 to 5.
Documents & Evidence
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
This document establishes the plaintiff's ownership of the property.
Reference:
Ext.A1
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
This document supports the plaintiff's claim of ownership.
Reference:
Ext.A2
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
This document shows that the property originally belonged to the plaintiff's father.
Reference:
Ext.A3
Document Type:
Will
Submitted By:
Plaintiff
Relevance:
This document is relevant to the dispute over property inheritance.
Reference:
Ext.A4
Document Type:
Oral Evidence
Submitted By:
Plaintiff
Relevance:
The plaintiff's testimony supports her claims regarding property possession.
Reference:
Case Classification
Case Type
Civil Suit
Category
Property and Possession Disputes
District
Kottayam
State
Kerala
Court Establishment
Munsiff Court, Kottayam
Common Reasons
Case Code
Case between Aleyamma @ Ajitha vs Ajith P Markose et al regarding recovery of possession.
Case Code Year
Case between Aleyamma @ Ajitha vs Ajith P Markose et al regarding recovery of possession.