Case Summary
Jenifer Jacob is the plaintiff seeking a permanent prohibitory injunction against Jacob Gomez and Girly Hectus regarding possession of a residential property. The plaintiff claims to have been in continuous and peaceful possession of the property, while the defendants are accused of attempting to unlawfully dispossess her.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The defendants be perpetually restrained from obstructing or harassing the plaintiff's possession of the building.
Case Type
Civil Suit
Final Judgment
No
The court partly decreed the suit in favor of the plaintiff, restraining the defendants from unlawfully dispossessing her from the property. The judgment emphasized the necessity of protecting the plaintiff's peaceful possession of the building.
Why Plaintiff Won:
The plaintiff established a legal right and actual possession over the property, necessitating protection against unlawful dispossession.
The plaintiff established a legal right and actual possession over the property, necessitating protection against unlawful dispossession.
Losing Side's Weaknesses:
The plaintiff established a legal right and actual possession over the property, necessitating protection against unlawful dispossession.
The plaintiff established a legal right and actual possession over the property, necessitating protection against unlawful dispossession.
Supporting Evidence
It is clear that the plaintiff has been in continuous and peaceful possession of the property which belongs to the 1st defendant, her father, as per the settlement deed in his favour. The balance of convenience favours the plaintiff since she has a lawful right and actual possession of the property.
Judgment Evidence:
In the result; the suit is partly decreed as follows: (a) Let the defendants be perpetually restrained from obstructing or in any way harassing the peaceful possession and enjoyment of the plaintiff over the plaint schedule building or from forcibly dispossessing the plaintiff from the plaint schedule building without resorting to due process of law.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Jenifer Jacob
- Party Age
- 28
- Relation
- D/o
- Party Role
- Defendant
- Party Name
- Jacob Gomez
- Party Age
- 56
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Girly Hectus
- Party Age
- 74
Plaintiffs Documents
Marriage invitation letter, Copy of Settlement Deed No.535/2011
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. P. Francis Gomez
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Permanent Injunction
Outcome:
Partly Granted
Description:
Plaintiff sought an injunction to prevent the defendants from dispossessing her from the property.
Evidence:
the plaintiff is entitled to a decree of permanent injunction to protect her possession and enjoyment of the plaint schedule property.
Documents & Evidence
Document Type:
Marriage invitation letter
Submitted By:
Plaintiff
Relevance:
Presented as evidence to establish the plaintiff's connection to the property and personal circumstances.
Reference:
Ext.A1
Document Type:
Settlement Deed
Submitted By:
Plaintiff
Relevance:
Demonstrates the plaintiff's legal claim to the property through the 1st defendant.
Reference:
Ext.A2
Document Type:
Commission report & Plan
Submitted By:
Court
Relevance:
Marked as court exhibits to support the evidence presented regarding the property.
Reference:
Ext.C1 & C1(a)
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Thiruvananthapuram
State
Kerala
Court Establishment
Munsiff Court Thiruvananthapuram
Common Reasons
Case Code
OS.NO.
Case Code Year
2020