Case Summary
Baby Mol Varghese, represented by her Power of Attorney Holder Gheevar.K. Cheriyan, is the plaintiff seeking recovery of possession of a property against P.Radha, who claims to be residing there as a tenant. The case revolves around the ownership and right to possess the plaint schedule property based on a WILL.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The defendant is directed to surrender vacant possession of the plaint schedule property to the plaintiff within one month.
Case Type
Civil Suit
Final Judgment
No
The suit has been decreed in favor of the plaintiff, ordering the defendant to surrender possession of the plaint schedule property and pay costs.
Why Plaintiff Won:
The plaintiff established ownership over the plaint schedule property through a registered WILL and subsequent court judgments.
The plaintiff established ownership over the plaint schedule property through a registered WILL and subsequent court judgments.
Losing Side's Weaknesses:
The plaintiff established ownership over the plaint schedule property through a registered WILL and subsequent court judgments.
The plaintiff established ownership over the plaint schedule property through a registered WILL and subsequent court judgments.
Supporting Evidence
When the Honourable High Court has confirmed the title of the plaintiff over the plaint schedule property, no further proof of the exhibit A1 WILL is required. The plaintiff has title over by the plaint schedule property.
Judgment Evidence:
In the result, the suit is decreed as follows: 1. The defendant is hereby direct to surrender vacant possession of the plaint schedule property to the plaintiff within one month from today...
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Baby Mol Varghese
- Party Age
- 66
- Relation
- W/o
- Party Role
- Plaintiff
- Party Name
- Gheevar.K. Cheriyan
- Party Age
- 55
- Relation
- Represented by
- Party Role
- Defendant
- Party Name
- P.Radha
- Party Age
- 71
- Relation
- W/o
Plaintiffs Documents
Certified copy of the Registered Will bearing no.14/1991, Certified copy of Judgment in RSA No.911/2008, Original Power of Attorney, Certified copy of Judgment in OS 766/2000, Certified copy of Order in RCP 129/2000, Certified copy of Counter in RCP 129/2000, Certified copy of Judgment in OS 581/2005, Copy of lawyer notice, Reply Notice.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri.Muhammed Iqubal K.M
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Noorjahan.C.V
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- Sri.Sidharthan.P.K
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Decree of recovery of possession of the plaint schedule property.
Evidence:
The suit is decreed as follows:- 1. The defendant is hereby direct to surrender vacant possession of the plaint schedule property to the plaintiff within one month from today.
Relief Type:
Costs
Outcome:
Granted
Description:
Costs of the proceedings to be paid by the defendant to the plaintiff.
Evidence:
The defendant shall pay costs of the proceedings to the plaintiff.
Documents & Evidence
Document Type:
Certified copy of the Registered Will
Submitted By:
Plaintiff
Relevance:
Proves the plaintiff's title over the plaint schedule property.
Reference:
Ext.A1
Document Type:
Certified Copy of Judgment
Submitted By:
Court
Relevance:
Affirms the findings regarding the plaintiff's ownership.
Reference:
Ext.A2
Document Type:
Original power of attorney
Submitted By:
Plaintiff
Relevance:
Grants authority to the plaintiff's representative.
Reference:
Ext.A3
Document Type:
Certified Copy of Judgment
Submitted By:
Court
Relevance:
Details previous rulings relevant to the property.
Reference:
Ext.A4
Document Type:
Certified copy of Order
Submitted By:
Court
Relevance:
Refers to prior proceedings related to the defendant's claim.
Reference:
Ext.A5
Document Type:
Certified copy of Counter
Submitted By:
Court
Relevance:
Details arguments made by the defendant previously.
Reference:
Ext.A6
Document Type:
Certified Copy of Judgment
Submitted By:
Court
Relevance:
Pertains to a previous case involving the plaintiff and the defendant.
Reference:
Ext.A7
Document Type:
Lawyer Notice
Submitted By:
Plaintiff
Relevance:
Documents the plaintiff's request for surrender of property.
Reference:
Ext.A8
Document Type:
Reply Notice
Submitted By:
Defendant
Relevance:
Contains the defendant's response to the plaintiff's notice.
Reference:
Ext.A9
Case Classification
Case Type
Civil Suit
Category
Property and Possession Disputes
District
Kozhikode
State
Kerala
Court Establishment
Munsiff Court 2 Kozhikode
Common Reasons
Recovery of Possession
Case Code
Case between Baby Mol Varghese et al vs P.Radha regarding recovery of possession and mandatory injunction
Case Code Year
Case between Baby Mol Varghese et al vs P.Radha regarding recovery of possession and mandatory injunction