Case Summary
C.P John @ Kunjumon is the plaintiff seeking a mandatory injunction against Thushara C.G. The plaintiff claims ownership of a property based on a will executed by his mother but the defendant denies these claims.
Judgment Outcome
Judgment Favored
Defendant
Relief Granted
Case Type
Civil Suit
Final Judgment
No
The court dismissed the suit filed by C.P John @ Kunjumon seeking a mandatory injunction against Thushara C.G.
Key Reasoning:
The plaintiff failed to prove his exclusive right over the property based on the will.
The plaintiff failed to prove his exclusive right over the property based on the will.
Why Defendant Won:
The plaintiff failed to prove his exclusive right over the property based on the will.
The plaintiff failed to prove his exclusive right over the property based on the will.
Supporting Evidence
Plaintiff failed to prove execution of Ext. A1. Mutation of the property to the name of plaintiff or payment of land tax receipt does not confer any right regarding immovable property to the plaintiff.
Judgment Evidence:
In the result the suit is dismissed.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- C.P John @ Kunjumon
- Party Age
- 55
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Thushara C.G
- Party Age
- 34
- Relation
- W/o
Plaintiffs Documents
Will Deed No.171/3/012 of Pampady S.R.O. executed by Mariyam @ Maria, Land Tax receipt No. KL05021200861/2021 of Mundakayam Village, Land Tax receipt No.KL05021204927/2024 of Mundakayam Village
Defendants Documents
Will Deed No. 92/III/2011 of S.R.O., Erumely executed by Maria, Copy of bill payment receipt, Copy of Building Tax receipt No.1230204948/G051105 of Mundakayam Grama Panchayath.
Advocates
- Party Role
- Plaintiff
- Advocate Name
- K.S Asif
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Sabitha G.
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- Sony Thomas
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Nevin Jacob John
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Mandatory Injunction
Outcome:
Refused
Description:
Plaintiff sought an order for the defendant to vacate the plaint schedule property.
Evidence:
Plaintiff failed to prove his exclusive right over plaint schedule property and the building therein based on Ext.A1.
Relief Type:
Damages
Outcome:
Not Decided
Description:
Plaintiff claimed damages related to the defendant's occupation of the property.
Evidence:
Issues concerning damages were raised but not clearly decided.
Documents & Evidence
Document Type:
Will Deed
Submitted By:
Plaintiff
Relevance:
Plaintiff presented the will deed executed by his mother to claim title over the plaint schedule property.
Reference:
Ext.A1
Document Type:
Land Tax Receipt
Submitted By:
Plaintiff
Relevance:
Plaintiff used this document to show payment of land tax for the property in question.
Reference:
Ext.A2
Document Type:
Land Tax Receipt
Submitted By:
Plaintiff
Relevance:
Another land tax receipt used by the plaintiff to demonstrate his ownership claim.
Reference:
Ext.A3
Document Type:
Will Deed
Submitted By:
Defendant
Relevance:
Defendant produced this will deed as evidence to support her claim over the property.
Reference:
Ext.B1
Document Type:
Bill Payment Receipt
Submitted By:
Defendant
Relevance:
Document used to show that the defendant was paying electricity charges at the plaint schedule property.
Reference:
Ext.B2
Document Type:
Building Tax Receipt
Submitted By:
Defendant
Relevance:
Evidence showing that the building is still registered in the deceased's name.
Reference:
Ext.B3
Document Type:
Demand Notice
Submitted By:
Defendant
Relevance:
Notice issued to show that the property is still in the deceased's name.
Reference:
Ext.B4
Document Type:
Ration Card
Submitted By:
Defendant
Relevance:
Document showing the residence of the defendant's family with the deceased.
Reference:
Ext.B5
Case Classification
Case Type
Civil Suit
Category
Property and Possession Disputes
District
Kottayam
State
Kerala
Court Establishment
Munsiff Court Kanjirappally
Common Reasons
Case Code
O.S
Case Code Year
2022