Case Summary
Jiji is suing Jobi Jose and Thomas regarding the declaration of ownership of a property and to prevent them from trespassing. Jiji claims that she is the sole heir of her deceased father Thomman, as her mother has been missing for many years.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
A decree of perpetual injunction against the defendants preventing them from trespassing on the property.
Case Type
Civil Suit
Final Judgment
No
The court declared that Jiji is the absolute owner of the plaint schedule property and restrained the defendants from trespassing or committing waste on the property.
Why Plaintiff Won:
The plaintiff provided unchallenged evidence supporting her claim of ownership and the circumstances surrounding her mother's disappearance.
The plaintiff provided unchallenged evidence supporting her claim of ownership and the circumstances surrounding her mother's disappearance.
Losing Side's Weaknesses:
Not available
Not available
Supporting Evidence
The unchallenged proof affidavit and documents would satisfactorily prove the plaint claim.
Judgment Evidence:
In the result, 1. It is hereby declared that the plaintiff is the absolute owner in possession of plaint schedule property. 2. Defendants and men under them are restrained from trespassing in to the plaint schedule property or from committing any sort of waste or mischief therein or from doing any act detrimental to the plaintiff's peaceful enjoyment of the same by a decree of perpetual injunction.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Jiji
- Party Age
- 52
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Jobi Jose
- Party Age
- 37
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Thomas
- Party Age
- 55
- Relation
- S/o
Plaintiffs Documents
Original settlement deed no. 1099/66 of SRO, Mulanthuruthy, Death certificate of Uthuppu issued by Amballur Grama Panchayath, Relationship certificate issued by Amaballur village office
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Muhammed Abbas M I
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Salim V.S
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Declaration
Outcome:
Granted
Description:
Declared that the plaintiff is the absolute owner in possession of the plaint schedule property.
Evidence:
It is hereby declared that the plaintiff is the absolute owner in possession of plaint schedule property.
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
Restrained the defendants from trespassing onto the plaint schedule property.
Evidence:
Defendants and men under them are restrained from trespassing in to the plaint schedule property.
Documents & Evidence
Document Type:
Settlement Deed
Submitted By:
Plaintiff
Relevance:
This document serves as proof of ownership of the plaint schedule property.
Reference:
Ext.A1
Document Type:
Death Certificate
Submitted By:
Plaintiff
Relevance:
This document indicates the death of Thomman Uthuppu, establishing the plaintiff's inheritance.
Reference:
Ext.A2
Document Type:
Relationship Certificate
Submitted By:
Plaintiff
Relevance:
This document verifies the plaintiff's relationship to her deceased father and mother as legal heir.
Reference:
Ext.A3
Document Type:
Certificate
Submitted By:
Court
Relevance:
This certificate issued by the Village Officer supports the presumption of civil death of the plaintiff's mother.
Reference:
Ext.X1
Case Classification
Case Type
Civil Suit
Category
Property and Possession Disputes
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Common Reasons
Ownership Dispute
Case Code
Case between Jiji vs Jobi Jose et al regarding declaration and permanent prohibitory injunction
Case Code Year
Case between Jiji vs Jobi Jose et al regarding declaration and permanent prohibitory injunction