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
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
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.
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.
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
Plaintiffs
Johny @ Tony (48 years)
Panattu House, Market Road, Edappally, Kochi - 682 024
Martin (47 years)
Panattu House, Market Road, Edappally, Kochi - 682 024
Chacko @ Raju (62 years)
Panattu House, Market Road, Edappally, Kochi - 682 024
Prasanna (61 years)
Panattu House, Market Road, Edappally, Kochi - 682 024
Jojo Jolly (38 years)
Panattu House, Market Road, Edappally, Kochi - 682 024
Defendants
M/s. Hindustan Petroleum, Corporation Ltd. (Age not specified years)
Tata Road, P.B No. 2612, Kochi – 682 011
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