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
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.
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.
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.