Case Summary
The plaintiff, Joseph Rapael @ Joemon, is seeking recovery of possession of a land parcel from his elder brother, Preshi Paul. The case revolves around a dispute regarding the ownership and possession of the property, which includes allegations of trespass and adverse possession.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Recovery of possession of plaint C schedule property and mesne profits at the rate of Rs.1000 per year.
Case Type
Civil Suit
Final Judgment
No
Why Plaintiff Won:
Plaintiff established his title over the disputed land based on the Will and other evidence.
Plaintiff established his title over the disputed land based on the Will and other evidence.
Judgment Evidence:
In the result, the suit is decreed and the counter claim is dismissed as follows. Plaintiff is entitled for recovery of possession of plot C in Ext.C1(a) plan. Ext.C1(a) shall form part of decree. Defendant is directed to surrender vacant possession of plot C within one month from the date of decree failing which plaintiff can secure the same through court.
Parties Involved
Plaintiffs
Joseph Rapael @ Joemon (58 years years)
Nedumparambil House, Maradu Desom, Maradu village, Kanayannur taluk, Pin – 682 304
Defendants
Preshi Paul (60 years years)
Nedumparambil House, Maradu Desom, Maradu village, Kanayannur taluk, Pin – 682 304
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff is entitled to recover possession of plaint C schedule property.
Evidence:
Plaintiff has established his title for the disputed piece of land to the satisfaction of the court.
Relief Type:
Mesne Profits
Outcome:
Granted
Description:
Plaintiff is entitled to mesne profit at the rate of Rs.1000 per year from the date of the suit.
Evidence:
The averment of the plaintiff regarding mesne profit is proved as un-challenged.
Relief Type:
Counter-Claim Dismissal
Outcome:
Granted
Description:
Counter claim of the defendant is dismissed.
Evidence:
In the absence of any substantial proof, the defendant’s allegations cannot be sustained.
Documents & Evidence
Document Type:
Will Deed
Submitted By:
Plaintiff
Relevance:
Establishes the plaintiff's ownership of the property in question.
Reference:
Ext.A1
Document Type:
Tax receipt
Submitted By:
Plaintiff
Relevance:
Supports the plaintiff's claims related to property ownership.
Reference:
Ext.A2
Document Type:
Title deed
Submitted By:
Defendant
Relevance:
Establishes the defendant's ownership of the property.
Reference:
Ext.A3
Document Type:
Possession Certificate
Submitted By:
Unknown
Relevance:
Submitted as evidence but marked subject to proof.
Reference:
Ext.A4
Document Type:
Writ Petition
Submitted By:
Plaintiff
Relevance:
Relevant to prior legal proceedings involving the parties.
Reference:
Ext.A5
Document Type:
Patta
Submitted By:
Plaintiff
Relevance:
Proof of land ownership linked to the plaintiff.
Reference:
Ext.A6
Document Type:
Certificate of Purchase
Submitted By:
Plaintiff
Relevance:
Further supporting evidence of the plaintiff's claim.
Reference:
Ext.A7
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Used to clarify the boundaries and extent of the properties.
Reference:
Ext.C1
Document Type:
Sketch
Submitted By:
Court
Relevance:
Visual representation of property boundaries aiding in evidence.
Reference:
Ext.C1(a)