Case Summary
The plaintiffs, Bharathan and Shirly, filed a suit against the defendants, Satheesan, Simna, and Sheeja.S., seeking a declaration that a settlement deed is not binding and a permanent injunction against eviction. The dispute arises over ownership and possession of certain properties following the death of Bharathan's first wife.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Permanent prohibitory injunction against forcible eviction.
Case Type
Civil Suit
Final Judgment
No
The court decreed the suit in part, granting a permanent injunction against the defendants from forcibly evicting the plaintiffs from the house situated in the B schedule property.
Why Plaintiff Won:
The plaintiffs established their right to peacefully reside in the property against the defendants' claims.
The plaintiffs established their right to peacefully reside in the property against the defendants' claims.
Losing Side's Weaknesses:
The plaintiffs established their right to peacefully reside in the property against the defendants' claims.
The plaintiffs established their right to peacefully reside in the property against the defendants' claims.
Supporting Evidence
The plaintiffs are entitled to a decree of permanent prohibitory injunction as prayed for.
Judgment Evidence:
In the result, the suit is decreed in part as follows: The defendants and their men are permanently restrained from forcibly evicting the plaintiffs from the house situated in plaint B schedule property and from obstructing the peaceful enjoyment and possession therein.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Bharathan
- Party Age
- 65
- Relation
- S/o
- Party Role
- Plaintiff
- Party Name
- Shirly
- Party Age
- 62
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Satheesan
- Party Age
- 48
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Simna
- Party Age
- 34
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Sheeja.S.
- Party Age
- 31
Plaintiffs Documents
Certified copy of Sale Deed No. 1394/1986, Photocopy of Gift Deed No. 3961/1980, Settlement Deed No. 2756/2020, Photocopy of complaint submitted before Kundara Police Station.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Saju George
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- C.G.Suresh Kumar
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- D.Sunil
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
Permanently restrained defendants from forcibly evicting plaintiffs and obstructing peaceful enjoyment of the B schedule property.
Evidence:
The defendants and their men are permanently restrained from forcibly evicting the plaintiffs from the house situated in plaint B schedule property and from obstructing the peaceful enjoyment and possession therein.
Relief Type:
Declaration
Outcome:
Not Decided
Description:
To declare that document No. 2756/2020 is not binding on the plaintiff.
Evidence:
A decree of declaration could not be granted infavour of the plaintiffs that the document No. 2756/2020 (A3) of Kundara SRO is not binding on the 1st plaintiff or the right of the 1st plaintiff over the plaint schedule properties.
Documents & Evidence
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
Certified copy of Sale Deed No. 1394/1986, relevant for establishing ownership of A schedule property.
Reference:
Ext.A1
Document Type:
Gift Deed
Submitted By:
Plaintiff
Relevance:
Photocopy of Gift Deed No. 3961/1980, relevant for establishing ownership of B schedule property.
Reference:
Ext.A2
Document Type:
Settlement Deed
Submitted By:
Plaintiff
Relevance:
Settlement Deed No. 2756/2020, claimed to be executed under undue influence and relevant for the dispute.
Reference:
Ext.A3
Document Type:
Complaint
Submitted By:
Plaintiff
Relevance:
Photocopy of complaint submitted before Kundara Police Station, subject to proof.
Reference:
Ext.A4
Document Type:
Residential Certificate
Submitted By:
Plaintiff
Relevance:
Photocopy of Residential Certificate relevant for establishing residence.
Reference:
Ext.A5
Document Type:
Residential Certificate
Submitted By:
Plaintiff
Relevance:
Copy of Residential Certificate relevant for establishing residence.
Reference:
Ext.A6
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Commission report prepared and submitted by Advocate Commissioner, relevant to the case.
Reference:
C1
Document Type:
Mahazar
Submitted By:
Court
Relevance:
Mahazar prepared and submitted by Advocate Commissioner, relevant to the case.
Reference:
C1(a)
Document Type:
Photographs
Submitted By:
Court
Relevance:
Photographs submitted by Advocate Commissioner, relevant to the case.
Reference:
C1(b)
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Kollam
State
Kerala
Court Establishment
Munsiff Court Kollam
Common Reasons
Case Code
Case between Bharathan et al vs Satheesan et al regarding Declaration and Permanent Prohibitory Injunction
Case Code Year
Case between Bharathan et al vs Satheesan et al regarding Declaration and Permanent Prohibitory Injunction