Case Summary
George Cleetus M A is the plaintiff seeking a permanent prohibitory injunction against Sheela Sojan and her husband Sojan, alleging unlawful dispossession from property. The case involves a dispute over ownership and possession rights concerning a jointly owned property after the death of the plaintiff's wife.
Judgment Outcome
Judgment Favored
Partial
Relief Granted
Permanent prohibitory injunction from dispossessing the plaintiff from the plaint A schedule property.
Case Type
Civil Suit
Final Judgment
No
Key Reasoning:
Judgment Evidence:
In the result, suit is decreed partly with costs as follows: 1) The defendant and their men are restrained by permanent prohibitory injunction from dispossessing the plaintiff from plaint A schedule property forcefully.
Parties Involved
Plaintiffs
George Cleetus M A (53 years years)
Manayathu House, Panambukad, Vallarpadam P O, Mulavukad Village, Ernakulam District – 682 504
Defendants
Sheela Sojan (47 years years)
Pulikkathara House, Gothuruthu P O, Ernakulam District – 683 516
Sojan (49 years years)
Pulikkathara House, Gothuruthu P O, Ernakulam District – 683 516
Reliefs
Relief Type:
Permanent Injunction
Outcome:
Partly Granted
Description:
Seeking to restrain the defendants and their men from dispossessing the plaintiff from the plaint A schedule property.
Evidence:
The court is satisfied that the plaintiff has every right to reside therein and he cannot be dispossessed by the defendant forcefully.
Relief Type:
Costs
Outcome:
Granted
Description:
Request for costs to be awarded in favor of the plaintiff.
Evidence:
Considering the facts and circumstances of the case, court does not find any reason for not awarding costs.
Documents & Evidence
Document Type:
Marriage Certificate
Submitted By:
Plaintiff
Relevance:
Used to establish the relationship between the plaintiff and the deceased wife.
Reference:
Ext.A1
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
Establishes the claim over the property by the plaintiff.
Reference:
Ext.A2
Document Type:
Death Certificate
Submitted By:
Plaintiff
Relevance:
Confirms the death of the plaintiff's wife, which is crucial for inheritance claims.
Reference:
Ext.A3
Document Type:
Official Document for Covid-19 Death
Submitted By:
Plaintiff
Relevance:
Supports the claim regarding the circumstances of the deceased's passing.
Reference:
Ext.A4
Document Type:
Tax receipt
Submitted By:
Plaintiff
Relevance:
Demonstrates the plaintiff's ongoing financial responsibility for the property.
Reference:
Ext.A5
Document Type:
Land Tribunal Document
Submitted By:
Plaintiff
Relevance:
Establishes ownership and boundary details concerning the property.
Reference:
Ext.A6
Document Type:
Gift Deed
Submitted By:
Defendant
Relevance:
Claims that the first defendant has rightful ownership of the property in dispute.
Reference:
Ext.B1
Document Type:
Tax receipt
Submitted By:
Defendant
Relevance:
Used to demonstrate payment of taxes related to the defendant's claim on the property.
Reference:
Ext.B2
Document Type:
Tax receipt
Submitted By:
Defendant
Relevance:
Supports the defendant's position regarding property maintenance.
Reference:
Ext.B3
Document Type:
Tax receipt
Submitted By:
Defendant
Relevance:
Further corroborates the defendant's claim regarding ownership and tax responsibility.
Reference:
Ext.B4
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Provided findings relevant to the property conditions and possession during the court proceedings.
Reference:
Ext.C1