Case Summary
Biju John, the plaintiff, is seeking a permanent prohibitory injunction against the defendants, Sajeevan and Sujitha Sajeevan, who have threatened him and attempted to interfere with his possession of property. The plaintiff claims exclusive ownership and has provided evidence to support his case.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Permanent prohibitory injunction restraining the defendants from trespassing into the property and causing any waste or interference.
Case Type
Civil Suit
Final Judgment
No
The court has decreed the suit in favor of the plaintiff, granting him a permanent prohibitory injunction against the defendants from interfering with his property. The defendants are also ordered to pay the costs of the suit.
Why Plaintiff Won:
The plaintiff proved his ownership and possession of the property, as well as the threats posed by the defendants.
The plaintiff proved his ownership and possession of the property, as well as the threats posed by the defendants.
Losing Side's Weaknesses:
The plaintiff proved his ownership and possession of the property, as well as the threats posed by the defendants.
The plaintiff proved his ownership and possession of the property, as well as the threats posed by the defendants.
Supporting Evidence
The unchallenged oral and documentary evidence of plaintiff would show that plaintiff is in possession and ownership of plaint schedule property and defendants have no right to interfere with the peaceful possession and enjoyment of plaint schedule property by the plaintiff.
Judgment Evidence:
In the result, suit is decreed on the following terms. 1) Defendants are restrained by a permanent prohibitory injunction from trespassing into the plaint schedule property or from committing any waste therein and from interfering with the peaceful possession and enjoyment of plaint schedule property by the plaintiff.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Biju John
- Party Age
- 53
- Relation
- S/o late V A John
- Party Role
- Defendant
- Party Name
- Sajeevan
- Party Age
- 55
- Relation
- S/o Mukundan
- Party Role
- Defendant
- Party Name
- Sujitha Sajeevan
- Party Age
- 48
- Relation
- W/o Sajeevan
Plaintiffs Documents
Sale deed No.2374 of 2009 of SRO, Ernakulam; Original building tax receipt no: RC07010024221368 issued by Cochin Corporation.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Mohammed Siyad
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
Defendants are restrained by a permanent prohibitory injunction from trespassing into the plaint schedule property or from committing any waste therein.
Evidence:
Defendants are restrained by a permanent prohibitory injunction from trespassing into the plaint schedule property or from committing any waste therein and from interfering with the peaceful possession and enjoyment of plaint schedule property by the plaintiff.
Relief Type:
Costs
Outcome:
Granted
Description:
Defendants are directed to pay costs of the suit to plaintiff.
Evidence:
Also satisfied that plaintiff is entitled to realize costs of suit from the defendants.
Documents & Evidence
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
Certified copy of sale deed No.2374/2009 of Ernakulam SRO showing that plaintiff is the absolute owner of plaint schedule property.
Reference:
Ext.A1
Document Type:
Building Tax Receipt
Submitted By:
Plaintiff
Relevance:
Copy of building tax receipt dated 13.07.2021 indicating that the plaintiff is remitting land tax for plaint schedule property.
Reference:
Ext.A2
Document Type:
Oral Evidence
Submitted By:
Unknown
Relevance:
Unchallenged oral and documentary evidence of plaintiff demonstrating possession and ownership of plaint schedule property.
Reference:
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Common Reasons
Case Code
Case between Biju John vs Sajeevan et al regarding permanent prohibitory injunction
Case Code Year
Case between Biju John vs Sajeevan et al regarding permanent prohibitory injunction