Case Summary
The plaintiffs, including Annie John, Dr. George Puthenpurayil John, Thomas Puthenpurayil John, and Kurian Puthenpurayil John, are seeking a permanent injunction against the defendant Jamal for continually trespassing on their property and causing damage. The court found that the plaintiffs had established their case as the defendant had no right over the property.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Permanent prohibitory injunction against the defendant from trespassing into the plaint schedule property and committing any waste therein.
Case Type
Civil Suit
Final Judgment
No
Why Plaintiff Won:
The plaintiffs established that the defendant repeatedly trespassed on their property and caused damage, despite warnings.
The plaintiffs established that the defendant repeatedly trespassed on their property and caused damage, despite warnings.
Judgment Evidence:
In the result, suit is decreed on the following terms. Defendant is restrained by a permanent prohibitory injunction from trespassing into plaint schedule property and committing any waste therein. Defendant is directed to pay costs of the suit to plaintiffs.
Parties Involved
Plaintiffs
Annie John (75 years)
Mattappallil, Sooraj Enclave, Edappally North Village, Kanayannur Taluk, Ernakulam District - 682 024.
Dr. George Puthenpurayil John (51 years)
Mattappallil, Sooraj Enclave, Edappally North Village, Kanayannur Taluk, Ernakulam District - 682 024.
Thomas Puthenpurayil John (47 years)
Mattappallil, Sooraj Enclave, Edappally North Village, Kanayannur Taluk, Ernakulam District.
Kurian Puthenpurayil John (43 years)
Mattappallil, Sooraj Enclave, Edappally North Village, Kanayannur Taluk, Ernakulam District.
Defendants
Jamal (27 years)
MMRA No. 70, Kopparambil Road, Behind Gino Bar, Kakkanad P O, Kanayannur Taluk, Ernakulam District - 682 030.
Reliefs
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
Defendant is permanently restrained from trespassing into plaint schedule property.
Evidence:
Defendant is restrained by a permanent prohibitory injunction from trespassing into plaint schedule property and committing any waste therein.
Relief Type:
Costs
Outcome:
Granted
Description:
Defendant is directed to pay costs of the suit to plaintiffs.
Evidence:
Defendant is directed to pay costs of the suit to plaintiffs.
Documents & Evidence
Document Type:
Power of Attorney
Submitted By:
Plaintiff
Relevance:
Establishes authority of the 1st plaintiff to act on behalf of the 3rd plaintiff.
Reference:
Ext.A1
Document Type:
Power of Attorney
Submitted By:
Plaintiff
Relevance:
Establishes authority of the 1st plaintiff to act on behalf of the 4th plaintiff.
Reference:
Ext.A2
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
Proves ownership of the plaint schedule property.
Reference:
Ext.A3
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
Proves ownership of the plaint schedule property.
Reference:
Ext.A4
Document Type:
Rough Sketch
Submitted By:
Plaintiff
Relevance:
Illustrates location of the schedule properties.
Reference:
Ext.A5
Document Type:
Land Tax Receipt
Submitted By:
Plaintiff
Relevance:
Provides evidence of land tax payment for the schedule property.
Reference:
Ext.A6
Document Type:
Land Tax Receipt
Submitted By:
Plaintiff
Relevance:
Provides evidence of land tax payment for the schedule property.
Reference:
Ext.A7
Document Type:
Land Tax Receipt
Submitted By:
Plaintiff
Relevance:
Provides evidence of land tax payment for the schedule property.
Reference:
Ext.A8
Document Type:
Land Tax Receipt
Submitted By:
Plaintiff
Relevance:
Provides evidence of land tax payment for the schedule property.
Reference:
Ext.A9