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
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.
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
Plaintiffs
Jiji (52 years years)
Thavumkeriyil house, Thottara kara, Kulayattikkara P.O, Kulayattikkara village, Kanayannoor taluk, Ernakulam District, Pin – 682 315
Defendants
Jobi Jose (37 years years)
Thavumkeriyil house, Thottara Kara, Kulayittikara P.O, Kulayattikkara village, Kanayannoor taluk, Ernakulam District, Pin – 682 315
Thomas (55 years years)
Thavumkeriyil house, Thottara kara, Kulayattikkara P.O, Kulayattikkara village, Kanayannoor taluk, Ernakulam District, Pin – 682 315
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