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
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.
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
Plaintiffs
Biju John (53 years years)
VNRA 31 A, Vikas Nagar, Ponneth South Road, Chilavannur, Kadavanthra P O, Ernakulam, Pin- 682020
Defendants
Sajeevan (55 years years)
Kollamparambil House, Perumpadapu, Ernakulam, Pin- 682006
Sujitha Sajeevan (48 years years)
Kollamparambil House, Perumpadapu, Ernakulam, Pin- 682006
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: