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O.S No.593/2021

Case between Aleyamma @ Ajitha vs Ajith P Markose et al regarding recovery of possession.

Court
COURT OF THE MUNSIFF, KOTTAYAM
Judge
Smt. Jyothi Babu R.
Order Date
2025-01-31
Duration
approximately-3 years 0 days
Case Closed
Fri, 01/31/2025 - 12:00

Judgement document from eCourt website

Judgment Document
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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

Plaintiff Won
Interim Order
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.
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.
Losing Side's Weaknesses:
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.

Quick Facts

Location
Kottayam
District
Kottayam
State
Kerala
Court Establishment
Munsiff Court, Kottayam
Case Filed
Sun, 01/31/2021 - 12:00
Case Closed
Fri, 01/31/2025 - 12:00
From
Sun, 01/05/2025 - 12:00
To
Fri, 01/31/2025 - 12:00
Outcome Confidence
100%

Involved Entities

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