Case Summary
The plaintiffs, Ammini. P.S. and others, seek a permanent prohibitory injunction against the defendants, Usha Ravindran and others, who have allegedly occupied their property without legal rights. The court examined the evidence presented by the plaintiffs regarding their ownership of the property.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
A decree of mandatory injunction directing the defendants to vacate the building; a decree of permanent prohibitory injunction to restrain the defendants from causing damage or altering the property.
Case Type
Civil Suit
Final Judgment
No
Why Plaintiff Won:
The plaintiffs presented unrebutted evidence establishing their ownership and right to the property.
The plaintiffs presented unrebutted evidence establishing their ownership and right to the property.
Judgment Evidence:
In the result, suit is decreed as follows. A decree of mandatory injunction is passed directing the defendants to vacate the building situated in the plaint schedule property within 30 days from the date of this judgment.
Parties Involved
Plaintiffs
Ammini. P.S. (68 years)
Vazhappulli House, Chazhoor Village, Thrissur Taluk, Thrissur District.
Bharathi (60 years)
Perungu House, Alappat Village, Thrissur Taluk, Thrissur District.
Sumeera Subramanian (35 years)
Perungu House, Alappat Village, Thrissur Taluk, Thrissur District.
Rajan (48 years)
Panayil House, Pazhuvil, Kurumbilavu Village, Thrissur Taluk, Thrissur District.
Minor Abhil Krishna (14 years)
Panayil House, Pazhuvil, Kurumbilavu Village, Thrissur Taluk, Thrissur District.
Defendants
Usha Ravindran (42 years)
Muthuveedu, Koottungal, CMC 29, Cherthala-688524.
Vinaya. P. Naik (48 years)
67/10736, Sreesa Griha Sankulam, TD West Road, Ernakulam-682035.
Navaneeth P. Naik (22 years)
67/10736, Sreesa Griha Sankulam, TD West Road, Ernakulam-682035.
Reliefs
Relief Type:
Mandatory Injunction
Outcome:
Granted
Description:
Directing the defendants to vacate the building situate in the plaint schedule property within 30 days from the date of this judgment.
Evidence:
A decree of mandatory injunction is passed directing the defendants to vacate the building situated in the plaint schedule property within 30 days from the date of this judgment.
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
Restraining the defendants, their men and agents from inducting strangers into the plaint schedule building or from causing damage.
Evidence:
A decree of permanent prohibitory injunction is passed restraining the defendants, their men and agents from inducting strangers into the plaint schedule building or from causing damage to the plaint schedule building.
Documents & Evidence
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
Certified copy of Sale Deed No. 4448/1991 of SRO, Ernakulam.
Reference:
Ext.A1
Document Type:
Death Certificate
Submitted By:
Plaintiff
Relevance:
Copy of death certificate of Devayani dated 31.07.2001, marked subject to proof, rejected.
Reference:
Ext.A2
Document Type:
Heirship Certificate
Submitted By:
Plaintiff
Relevance:
Original heirship certificate of Devayani dated 07.12.2001, issued by Tahasildar, Thrissur Taluk.
Reference:
Ext.A3
Document Type:
Death Certificate
Submitted By:
Plaintiff
Relevance:
Copy of death certificate of Subramanian dated 01.04.2004, marked subject to proof, rejected.
Reference:
Ext.A4
Document Type:
Reconveyance Deed
Submitted By:
Plaintiff
Relevance:
Original reconveyance bearing No. 1931/2018 of SRO, Ernakulam.
Reference:
Ext.A5
Document Type:
Oral Evidence
Submitted By:
Plaintiff
Relevance:
Oral testimony from the plaintiff was crucial in establishing the case.
Reference: