Case Summary
The plaintiffs Anna and Mary, along with their mother, claim ownership of a flat in the Golden Residency complex. They allege that the third defendant unlawfully occupied their property and seek the court's intervention to restore their possession.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Mandatory injunction to vacate the flat and restrain from trespassing.
Case Type
Civil Suit
Final Judgment
No
Why Plaintiff Won:
The plaintiffs proved their ownership with sufficient documentation.
The plaintiffs proved their ownership with sufficient documentation.
Judgment Evidence:
In the result, suit is decreed as follows: 1) 3rd defendant is directed by a mandatory injunction to vacate the plaint schedule flat within a period of three months from date of this judgment...
Parties Involved
Plaintiffs
Anna (76 years years)
Panketh House, Jawhar Road, Vyttila, Kochi-19
Mary (74 years years)
Parackal House, Paravelil Road, Nazrath Aluva
Defendants
The Golden Residency Owners Association (Age not specified years)
S A Road, Kadavanthra, Cochin- 16
Kochurani Vincent (64 years years)
6B, Golden Residency, S A Road, Cochin- 682016
P O Thomas (45 years years)
IA, Golden residency, S A Road, Kochi- 682016
Reliefs
Relief Type:
Mandatory Injunction
Outcome:
Granted
Description:
3rd defendant is directed to vacate the plaint schedule flat within a period of three months.
Evidence:
3rd defendant is directed by a mandatory injunction to vacate the plaint schedule flat within a period of three months from date of this judgment.
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
Defendants are restrained from trespassing into the plaint schedule flat or from interfering with the peaceful possession of the plaintiffs.
Evidence:
Defendants are restrained by a permanent prohibitory injunction from trespassing into the plaint schedule flat or from interfering with the peaceful possession and enjoyment of the plaintiffs in the plaint schedule flat.
Relief Type:
Costs
Outcome:
Granted
Description:
Defendants are directed to pay the cost of the suit to plaintiffs.
Evidence:
Defendants are directed to pay the cost of the suit to plaintiffs.
Documents & Evidence
Document Type:
Power of Attorney
Submitted By:
Plaintiff
Relevance:
Certified copy of the registered Power of attorney bearing no. 46/1999 of Ernakulam SRO
Reference:
Ext.A1
Document Type:
Settlement Deed
Submitted By:
Plaintiff
Relevance:
Original of the registered settlement deed bearing no. 3175/1979 of Ernakulam SRO
Reference:
Ext.A2
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
Certified copy of the registered Sale deed bearing no. 2208/1967 of Ernakulam SRO
Reference:
Ext.A3
Document Type:
Plaint
Submitted By:
Plaintiff
Relevance:
Certified copy of Plaint in OS 795/2018 of Hon’ble Munsiff Court, Ernakulam
Reference:
Ext.A4
Document Type:
Power of Attorney
Submitted By:
Defendant
Relevance:
Certified copy of registered Power of attorney registered as 244/1995
Reference:
Ext.B1
Document Type:
Agreement for sale
Submitted By:
Defendant
Relevance:
Original agreement for Sale of 1/66 part of undivided share in the landed property
Reference:
Ext.B2
Document Type:
Agreement for Construction
Submitted By:
Defendant
Relevance:
Original agreement for construction of plaint scheduled flat 1 AS
Reference:
Ext.B3
Document Type:
KSEB Consumer Profile
Submitted By:
Defendant
Relevance:
Original copy of the KSEB consumer profile of K T John
Reference:
Ext.B4
Document Type:
Sale Agreement
Submitted By:
Defendant
Relevance:
Original Sale agreement of apartment 1 AS between K T John and defendant 3
Reference:
Ext.B5
Document Type:
Receipt
Submitted By:
Defendant
Relevance:
Original receipt of DD of Rs. 17,00,000/- given to K T John towards the sale consideration of 1 AS Flat
Reference:
Ext.B6
Document Type:
Affidavit
Submitted By:
Defendant
Relevance:
Certified copy of the affidavit filed by Dr. Jose Tharayil, Secretary of Golden Residency Association
Reference:
Ext.B7
Document Type:
Request for Registration
Submitted By:
Defendant
Relevance:
Certified copy of request made by Dr. Jose Tharayil, Secretary Golden residency Association, for registering the association
Reference:
Ext.B8
Document Type:
Electricity Bill
Submitted By:
Defendant
Relevance:
Original Electricity bill with consumer no. 1155421031490 in the name of Third defendant
Reference:
Ext.B9
Document Type:
Notice
Submitted By:
Defendant
Relevance:
True copy of notice sent to 1st Plaintiff Iype Joseph
Reference:
Ext.B10
Document Type:
Receipt of Registered Post
Submitted By:
Defendant
Relevance:
True copy of the receipt of the registered post
Reference:
Ext.B11
Document Type:
Notice
Submitted By:
Defendant
Relevance:
True copy of the notice sent to the secretary of Golden Residency Association expressing the readiness to get registered plaint scheduled flat in his name
Reference:
Ext.B12
Document Type:
Power of Attorney
Submitted By:
Defendant
Relevance:
Power of attorney
Reference:
Ext.B13