Case Summary
The plaintiffs, Geetha.B. and Jayaprakash, are seeking a permanent prohibitory injunction against the defendants, who are allegedly causing obstructions to their enjoyment of scheduled properties. The defendants have denied the plaintiffs' claims, asserting that the sale deed is fraudulent.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The defendants and their men are restrained from causing any obstruction to the peaceful enjoyment of the plaint schedule property by plaintiffs.
Case Type
Injunction
Final Judgment
No
The plaintiffs were granted a permanent prohibitory injunction preventing the defendants from obstructing their enjoyment of the property. The counterclaim by the defendants was dismissed.
Why Plaintiff Won:
Plaintiffs proved their ownership and possession of the property with credible evidence.
Plaintiffs proved their ownership and possession of the property with credible evidence.
Losing Side's Weaknesses:
Not available
Not available
Supporting Evidence
The plaintiffs have succeeded in proving their case. Moreover, there is no evidence to rebut the evidence adduced on the side of the plaintiffs.
Judgment Evidence:
In the result, the suit is decreed as follows: (i) The defendants and their men are restrained from causing any obstruction to the peaceful enjoyment of the plaint schedule property by plaintiffs and committing any waste or damage to the property by cutting and removing trees from the property and causing any kind of damage to the building situated therein.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Geetha.B.
- Party Age
- 60
- Relation
- W/o
- Party Role
- Plaintiff
- Party Name
- Jayaprakash
- Party Age
- 65
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Madhusoodhanan
- Party Age
- 66
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Bhuvanadasan
- Party Age
- 56
- Relation
- Retired SI.
- Party Role
- Defendant
- Party Name
- T.Geetha @ Lissy
- Party Age
- 55
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- T.Girija
- Party Age
- 60
- Relation
- W/o
Plaintiffs Documents
Settlement deed No.4677/1986, Sale deed No.429/1990, Land Tax receipt dated 31/08/2021, Building Tax receipt dated 31/08/2021.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. R.Mohana Babu
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sri. B. Syamaprasad
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
Restraint on the defendants from obstructing the plaintiffs' enjoyment of the property.
Evidence:
The defendants and their men are restrained from causing any obstruction to the peaceful enjoyment of the plaint schedule property by plaintiffs.
Relief Type:
Counter Claim Dismissal
Outcome:
Granted
Description:
Dismissal of the counter claim filed by the defendants.
Evidence:
Counter claim is dismissed.
Documents & Evidence
Document Type:
Settlement Deed
Submitted By:
Plaintiff
Relevance:
Certified copy of settlement deed establishing ownership.
Reference:
Ext.A1
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
Copy of Sale deed establishing ownership.
Reference:
Ext.A2
Document Type:
Tax receipt
Submitted By:
Plaintiff
Relevance:
Land tax receipt as proof of ownership.
Reference:
Ext.A3
Document Type:
Tax receipt
Submitted By:
Plaintiff
Relevance:
Building tax receipt as proof of ownership.
Reference:
Ext.A4
Document Type:
Certificate
Submitted By:
Plaintiff
Relevance:
Certificate of land measurement.
Reference:
Ext.A5
Document Type:
Possession Certificate
Submitted By:
Plaintiff
Relevance:
Possession evidence supporting the plaintiffs' claims.
Reference:
Ext.A6 series
Document Type:
Tax receipt
Submitted By:
Plaintiff
Relevance:
Land tax receipt for the first plaintiff.
Reference:
Ext.A8
Document Type:
Police Petition Receipt
Submitted By:
Plaintiff
Relevance:
Confirmation of complaint made by the second plaintiff.
Reference:
Ext.A9
Document Type:
Settlement Deed
Submitted By:
Plaintiff
Relevance:
Certified copy of recent settlement deed.
Reference:
Ext.A10
Document Type:
Tax receipt
Submitted By:
Plaintiff
Relevance:
Land tax receipt evidencing ongoing property tax payments.
Reference:
Ext.A11
Case Classification
Case Type
Injunction
Category
Injunction and Access Rights
District
Kollam
State
Kerala
Court Establishment
Munsiff Court Kollam
Common Reasons
Unauthorized occupation
Case Code
Case between Geetha.B. vs Madhusoodhanan regarding Injunction
Case Code Year
Case between Geetha.B. vs Madhusoodhanan regarding Injunction