Skip to main content
Niyamam AI Niyamam AI

Main navigation

  • Home
  • Lawyer Login
  • Lawyer Registration
  • About us
  • Contact
O.S No. 1208/2019

Case between Johny @ Tony, Martin, Chacko @ Raju, Johnson, Prasanna, Jojo Jolly vs M/s. Hindustan Petroleum Corporation Ltd. regarding recovery of possession and damages.

Court
COURT OF THE PRINCIPAL MUNSIFF, ERNAKULAM
Judge
Sri. Rohit Nandakumar
Order Date
2024-10-08
Duration
approximately-5 years 4 months
Case Closed

Judgement document from eCourt website

Judgment Document
Save Case Find Similar Cases

Case Summary

The plaintiffs are seeking recovery of possession and damages from the defendant, who has been occupying their property without authorization. The case involves the original owners and their legal heirs, asserting their title over the property.

Judgment Outcome

Plaintiff Won
Interim Order
The court has decreed the suit in favor of the plaintiffs, allowing them to recover possession of the property and awarding damages for unauthorized use by the defendant.
Judgment Favored
Plaintiff
Relief Granted
Recovery of possession and damages amounting to ₹1,80,000/- with ₹5,000/- per month until possession is returned.
Case Type
Civil Suit
Final Judgment
No
The court has decreed the suit in favor of the plaintiffs, allowing them to recover possession of the property and awarding damages for unauthorized use by the defendant.
Why Plaintiff Won:
The plaintiffs successfully established their title and right over the plaint schedule property, and the defendant's claim to continued possession post-lease was not substantiated.
Losing Side's Weaknesses:
The plaintiffs successfully established their title and right over the plaint schedule property, and the defendant's claim to continued possession post-lease was not substantiated.
Supporting Evidence
The plaintiffs presented evidence that the defendant's lease had expired and further failed to substantiate its claim of right to hold the property beyond the legal term.

Judgment Evidence:

In the result, the suit is decreed with costs as follows: the plaintiffs are allowed to recover possession of the plaint schedule property from the defendant by removing the constructions therein within a period of 6 months.

Parties Involved

Parties

Party Role
Plaintiff
Party Name
Johny @ Tony
Party Age
48
Relation
S/o. late P.C Papoo
Party Role
Plaintiff
Party Name
Martin
Party Age
47
Relation
S/o. late P.C Papoo
Party Role
Plaintiff
Party Name
Chacko @ Raju
Party Age
62
Relation
S/o. late P.C Urumese
Party Role
Plaintiff
Party Name
Prasanna
Party Age
61
Relation
W/o. Late Jolly
Party Role
Plaintiff
Party Name
Jojo Jolly
Party Age
38
Relation
S/o. late Jolly
Party Role
Defendant
Party Name
M/s. Hindustan Petroleum, Corporation Ltd.
Relation
Rep. by its Senior Regional Manager
Plaintiffs Documents
Partition Deed No. 6349/2007, Certified copy of Partition Deed No. 2733/1999, Certified copy of Will No. 6/2000, Lawyer Notice dated 23.07.2019.
Defendants Documents
Lease Deed No. 3208/1971.

Advocates

Party Role
Plaintiff
Advocate Name
A. Balagopalan
Appearance Type
Main Counsel
Party Role
Plaintiff
Advocate Name
A. Rajagopalan
Appearance Type
Main Counsel
Party Role
Plaintiff
Advocate Name
M. N Manmadan
Appearance Type
Main Counsel
Party Role
Plaintiff
Advocate Name
Sojo J Kallidukkil
Appearance Type
Main Counsel
Party Role
Plaintiff
Advocate Name
Johans Jacob
Appearance Type
Main Counsel
Party Role
Plaintiff
Advocate Name
R. Rajesh
Appearance Type
Main Counsel
Party Role
Plaintiff
Advocate Name
Murukesh Rekhu
Appearance Type
Main Counsel
Party Role
Plaintiff
Advocate Name
Sreedas K. P
Appearance Type
Main Counsel
Party Role
Plaintiff
Advocate Name
Reshmi Gopalakrishnan
Appearance Type
Main Counsel
Party Role
Defendant
Advocate Name
M Gopalakrishnan Nambiar
Appearance Type
Main Counsel
Party Role
Defendant
Advocate Name
Dominic Antony
Appearance Type
Main Counsel
Party Role
Defendant
Advocate Name
Joson Manavalan
Appearance Type
Main Counsel
Party Role
Defendant
Advocate Name
V. Bharath Kumar
Appearance Type
Main Counsel
Party Role
Defendant
Advocate Name
Namitha Neethu Balachandran
Appearance Type
Main Counsel

Reliefs

Relief Type: Possession
Outcome: Granted
Description:
Plaintiffs allowed to recover possession of the plaint schedule property by removing structures.
Evidence:
The plaintiffs are allowed to recover possession of the plaint schedule property from the defendant by removing the constructions therein within a period of 6 months.
Relief Type: Recovery
Outcome: Granted
Description:
Defendant ordered to pay an amount of ₹1,80,000/- towards damages for use and occupation.
Evidence:
The defendant is directed to pay to the plaintiffs an amount of ₹1,80,000/- (Rupees one lakh eighty thousand only).
Relief Type: Damages
Outcome: Granted
Description:
Defendant to pay ₹5,000/- per month from the date of suit until possession is surrendered.
Evidence:
The defendant is further directed to pay to the plaintiffs an amount of ₹5,000/- (Rupees five thousand only) per month from the date of suit till the date of surrender of vacant possession.
Relief Type: Permanent Injunction
Outcome: Granted
Description:
Defendant restrained from constructing any structures on the plaint schedule property.
Evidence:
The defendant, its officers and men are restrained by way of a decree of permanent prohibitory injunction from constructing any structures.

Documents & Evidence

Document Type: Partition Deed
Submitted By: Plaintiff
Relevance:
Establishes the plaintiffs' title over the plaint schedule property.
Reference:
Ext.A1
Document Type: Death Certificate
Submitted By: Plaintiff
Relevance:
Verifies the death of a relevant party related to the claim.
Reference:
Ext.A2
Document Type: Partition Deed
Submitted By: Plaintiff
Relevance:
Supports the claim of plaintiff regarding the partition of property.
Reference:
Ext.A3
Document Type: Death Certificate
Submitted By: Plaintiff
Relevance:
Confirms the death of another relevant party.
Reference:
Ext.A4
Document Type: Partition Deed
Submitted By: Plaintiff
Relevance:
Provides evidence of another partition related to the plaintiffs’ claim.
Reference:
Ext.A5
Document Type: Death Certificate
Submitted By: Plaintiff
Relevance:
Establishes the death of a party involved in the property ownership.
Reference:
Ext.A6
Document Type: Will
Submitted By: Plaintiff
Relevance:
Demonstrates the bequeath of property rights to one of the plaintiffs.
Reference:
Ext.A7
Document Type: Judgment
Submitted By: Plaintiff
Relevance:
Refers to a prior judicial decision relevant to the current case.
Reference:
Ext.A9
Document Type: Lawyer Notice
Submitted By: Plaintiff
Relevance:
Notifies the defendant about the demand for possession.
Reference:
Ext.A10
Document Type: Commission Report
Submitted By: Court
Relevance:
Related to court findings based on the property dispute.
Reference:
Ext.C1
Document Type: Authorization letter
Submitted By: Defendant
Relevance:
Represents the authority of the defendant in the proceedings.
Reference:
Ext.B1
Document Type: Lease Deed
Submitted By: Defendant
Relevance:
Evidence of the lease terms under which the defendant claims possession.
Reference:
Ext.B2

Case Classification

Case Type
Civil Suit
Category
Property and Possession Disputes
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Common Reasons
Case Code
Case between Johny @ Tony, Martin, Chacko @ Raju, Johnson, Prasanna, Jojo Jolly vs M/s. Hindustan Petroleum Corporation Ltd. regarding recovery of possession and damages.
Case Code Year
Case between Johny @ Tony, Martin, Chacko @ Raju, Johnson, Prasanna, Jojo Jolly vs M/s. Hindustan Petroleum Corporation Ltd. regarding recovery of possession and damages.

Quick Facts

Location
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Case Filed
Tue, 10/08/2019 - 12:00
Case Closed
From
Tue, 10/01/2024 - 12:00
To
Thu, 10/31/2024 - 12:00
Outcome Confidence
90%

Involved Entities

Private Individual

Similar Cases

Case between Mini Jolly vs Noel et al regarding permanent prohibitory injunction and mandatory injunction.
THE COURT OF THE PRINCIPAL MUNSIFF, ERNAKULAM
Civil Suit Defendant Won
Case between G Radhakrishnan vs M/s Goodhome Pvt. Ltd. et al regarding permanent prohibitory injunction
COURT OF MUNSIFF, ERNAKULAM
Civil Suit Defendant Won
Case between Purushan O K vs Soman et al regarding injunction
COURT OF MUNSIFF, ERNAKULAM
Civil Suit Plaintiff Won
Case between Santhosh P @ Santhoshkumar vs Suresh P.S, Mallika Shanmughan regarding fixation of boundary and permanent prohibitory injunction
COURT OF THE MUNSIFF, ERNAKULAM
Civil Suit Plaintiff Won
Case between Kochuthressia Thomas vs Gopalan, Kalidasan regarding recovery of possession and injunction.
Munsiff Court, Ernakulam
Civil Suit Defendant Won