Case Summary
The case involves Chellamma and her daughter Thankamani as petitioners against Thampi, the respondent. The petitioners seek an injunction to prevent the respondent from evicting them from their residence.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The respondent and his men are restrained from evicting the petitioners without due process.
Case Type
Civil Suit
Final Judgment
No
The court partially allowed the petition, restraining the respondent from evicting the petitioners without due process.
Why Plaintiff Won:
The petitioners are residing in the plaint schedule property and the first petitioner is nearly 100 years old, indicating the need for protective measures.
The petitioners are residing in the plaint schedule property and the first petitioner is nearly 100 years old, indicating the need for protective measures.
Losing Side's Weaknesses:
The petitioners are residing in the plaint schedule property and the first petitioner is nearly 100 years old, indicating the need for protective measures.
The petitioners are residing in the plaint schedule property and the first petitioner is nearly 100 years old, indicating the need for protective measures.
Supporting Evidence
In such a situation a liberal consideration taken in favour of the petitioners. The prima facie case and balance of convenience in favour of the petitioners.
Judgment Evidence:
In the result, the petition allowed in part. The respondent and his men are hereby restrained from evicting the petitioners from the plaint schedule property without due process of law and from causing any disturbance to their peaceful enjoyment thereof.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Chellamma
- Party Age
- 97
- Relation
- W/o
- Party Role
- Plaintiff
- Party Name
- Thankamani
- Party Age
- 50
- Relation
- D/o
- Party Role
- Defendant
- Party Name
- Thampi
- Party Age
- 54
- Relation
- S/o
Plaintiffs Documents
Photocopy of Kudikidappu Certificate No.8/64, Copy of Ration Card No.1207082989, Copy of Aadhaar card, Receipt from KSEB
Defendants Documents
Settlement deed No.2326/2006, Land Tax Receipt
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Ramachandran Nair.K.K
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Anub B. Mundakkal
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Temporary Injunction
Outcome:
Granted
Description:
Petitioners were granted a temporary injunction to restrain the respondent from evicting them.
Evidence:
The respondent and his men are hereby restrained from evicting the petitioners from the plaint schedule property without due process of law.
Documents & Evidence
Document Type:
Kudikidappu Certificate
Submitted By:
Plaintiff
Relevance:
Proof of ownership of the plaint schedule property obtained by the first petitioner.
Reference:
Ext.A1
Document Type:
Ration Card
Submitted By:
Plaintiff
Relevance:
Supporting document showing residence of the petitioners at the plaint schedule property.
Reference:
Ext.A2
Document Type:
Aadhaar Card
Submitted By:
Plaintiff
Relevance:
Supporting document showing identity and residence of the petitioners.
Reference:
Ext.A3
Document Type:
Aadhaar Card
Submitted By:
Plaintiff
Relevance:
Supporting document showing identity and residence of the petitioners.
Reference:
Ext.A4
Document Type:
Receipt
Submitted By:
Plaintiff
Relevance:
Proof of payment related to the plaint schedule property.
Reference:
Ext.A5
Document Type:
Settlement Deed
Submitted By:
Defendant
Relevance:
Document claiming ownership of the plaint schedule property by the respondent.
Reference:
Ext.B1
Document Type:
Land Tax Receipt
Submitted By:
Defendant
Relevance:
Supporting document demonstrating the respondent's ownership of the property.
Reference:
Ext.B2
Case Classification
Case Type
Civil Suit
Category
Eviction and Rent Control
District
Kollam
State
Kerala
Court Establishment
Munsiff Court Kollam
Common Reasons
Unauthorized occupation
Case Code
OS
Case Code Year
2025