Case Summary
Jayan M.C. filed a counterclaim against Annamma Jose seeking a mandatory injunction to vacate a property. The case involved the purchase of property and a subsequent disagreement over a license to reside.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
A decree of mandatory injunction directing the counterclaim defendant to vacate the building in the counterclaim schedule property.
Case Type
Civil Suit
Final Judgment
No
The counterclaim is partly decreed, granting a mandatory injunction directing Annamma Jose to vacate the property within two months.
Why Plaintiff Won:
The court found credible evidence from the counterclaim plaintiff regarding ownership and conditions of the agreement.
The court found credible evidence from the counterclaim plaintiff regarding ownership and conditions of the agreement.
Losing Side's Weaknesses:
The court found credible evidence from the counterclaim plaintiff regarding ownership and conditions of the agreement.
The court found credible evidence from the counterclaim plaintiff regarding ownership and conditions of the agreement.
Supporting Evidence
The unrebutted evidence of DW1 would show that counterclaim defendant is residing in the counterclaim schedule property though the license was terminated on 13.12.2022.
Judgment Evidence:
In the result, the counterclaim is partly decreed as follows: 1A decree of mandatory injunction is granted directing the counterclaim defendant to vacate the building in the counterclaim schedule property within two months from the date of decree.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Jayan M.C.
- Party Age
- 54
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Annamma Jose
- Party Age
- 65
- Relation
- W/o
Plaintiffs Documents
Sale deed No.9/2017 of the SRO, Vazhoor; land tax receipt; ownership certificate; building tax receipt.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sajan Mathew K.
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Mandatory Injunction
Outcome:
Partly Granted
Description:
Mandatory injunction directing the counterclaim defendant to vacate the building in the counterclaim schedule property.
Evidence:
A decree of mandatory injunction is granted directing the counterclaim defendant to vacate the building in the counterclaim schedule property within two months.
Relief Type:
Recovery
Outcome:
Granted
Description:
Counterclaim plaintiff is entitled to get the cost of the suit from counterclaim defendant.
Evidence:
Counterclaim plaintiff is entitled to get the cost of the suit from counterclaim defendant.
Documents & Evidence
Document Type:
Sale deed
Submitted By:
Defendant
Relevance:
Shows that counterclaim plaintiff/2nd defendant purchased the counterclaim schedule property from the plaintiff/counterclaim defendant.
Reference:
Ext.B1
Document Type:
Tax receipt
Submitted By:
Defendant
Relevance:
Proves that the counterclaim plaintiff has been paying tax for the counterclaim schedule properties.
Reference:
Ext.B2
Document Type:
Ownership Certificate
Submitted By:
Defendant
Relevance:
Establishes ownership of the counterclaim schedule property.
Reference:
Ext.B3
Document Type:
Building Tax Receipt
Submitted By:
Defendant
Relevance:
Further evidence of payment and ties to the counterclaim schedule property.
Reference:
Ext.B4
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Kottayam
State
Kerala
Court Establishment
Munsiff Court Kanjirappally
Common Reasons
Case Code
O.S
Case Code Year
2023