Case Summary
John Gregorious and Thankam are the plaintiffs, claiming ownership and protection against encroachment by the defendants, The Assistant Engineer and Vijaya Das. The court case revolves around an attempted encroachment on the plaintiffs' property by the defendants.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Defendants are perpetually restrained from trespassing into the plaint schedule property and from interfering with the plaintiffs' peaceful possession and enjoyment of the same.
Case Type
Civil Suit
Final Judgment
No
The court ruled in favor of the plaintiffs, giving them a permanent injunction against the defendants to prevent further encroachment on their property.
Why Plaintiff Won:
The plaintiffs established a prima facie case through consistent testimony and supporting evidence.
The plaintiffs established a prima facie case through consistent testimony and supporting evidence.
Losing Side's Weaknesses:
The plaintiffs established a prima facie case through consistent testimony and supporting evidence.
The plaintiffs established a prima facie case through consistent testimony and supporting evidence.
Supporting Evidence
The plaintiffs have satisfied all the necessary ingredients to obtain a permanent injunction, demonstrating a bona fide apprehension of irreparable injury and hardship.
Judgment Evidence:
In the result; The suit is decreed as follows: (a) Let the defendants be perpetually restrained from trespassing into the plaint schedule property and from interfering with the plaintiffs peaceful possession and enjoyment of the same.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- John Gregorious
- Party Age
- 70
- Relation
- S/o
- Party Role
- Plaintiff
- Party Name
- Thankam
- Party Age
- 66
- Relation
- D/o
- Party Role
- Defendant
- Party Name
- The Assistant Engineer, Irrigation Department
- Party Role
- Defendant
- Party Name
- Vijaya Das. K
- Party Age
- 50
- Relation
- S/o
Plaintiffs Documents
Original Gift Deed No. 3589/1974, Tax receipt
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri.R.Vidyadharan
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Sri. Alex Babu Bunglawil
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- Sri. Rex D.G
- Appearance Type
- Main Counsel
- Law Firm
- Additional Govt. Pleader
Reliefs
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
Let the defendants be perpetually restrained from trespassing into the plaint schedule property.
Evidence:
In light of the discussions in the foregoing issues, this court is of the view that the plaintiffs are entitled to get the reliefs as prayed for.
Documents & Evidence
Document Type:
Gift Deed
Submitted By:
Plaintiff
Relevance:
The original Gift Deed was produced and marked as Ext.A1, establishing the plaintiffs' ownership of the plaint schedule property.
Reference:
Ext.A1
Document Type:
Tax receipt
Submitted By:
Plaintiff
Relevance:
The tax receipt dated 03/03/1982 was marked as Ext.A2, showing that the plaintiffs were paying property tax.
Reference:
Ext.A2
Document Type:
Judgment Copy
Submitted By:
Plaintiff
Relevance:
The copy of the judgment in OS.1614/2007 was produced and marked as Ext.A3, relevant for res judicata consideration.
Reference:
Ext.A3
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Ext.C1 was marked subject to proof, providing details regarding the boundaries of the plaint schedule property.
Reference:
Ext.C1
Document Type:
Rough Sketch
Submitted By:
Court
Relevance:
The rough sketch prepared by the advocate commissioner regarding the bund and boundaries of the plaint schedule property.
Reference:
Ext.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
2019