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O.S No. 64/2022

Case between Joseph Rapael @ Joemon vs Preshi Paul regarding recovery of possession.

Court
I Additional Munsiff, Ernakulam
Judge
Sri. Nanda Krishna M.
Order Date
2024-08-21
Duration
approximately-2 years 1 month
Case Closed
Wed, 08/21/2024 - 12:00

Judgement document from eCourt website

Judgment Document
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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

Plaintiff Won
Interim Order
The court decreed the suit in favor of the plaintiff, ordering the defendant to surrender possession of the disputed property. The defendant's counterclaim was dismissed.
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
The court decreed the suit in favor of the plaintiff, ordering the defendant to surrender possession of the disputed property. The defendant's counterclaim was dismissed.
Why Plaintiff Won:
Plaintiff established his title over the disputed land based on the Will and other evidence.
Losing Side's Weaknesses:
Plaintiff established his title over the disputed land based on the Will and other evidence.
Supporting Evidence
The plaintiff has established his title for the disputed piece of land to the satisfaction of the court and the defendant has failed to prove adverse possession.

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

Parties

Party Role
Plaintiff
Party Name
Joseph Rapael @ Joemon
Party Age
58
Relation
S/o
Party Role
Defendant
Party Name
Preshi Paul
Party Age
60
Relation
S/o
Plaintiffs Documents
Certified copy of Will deed no. 167/III/2004 of SRO Maradu, Tax receipt, Certified copy of title deed of the defendant, Possession certificate issued by the Maradu village officer, Certified copy of the Writ petition no. 529/22 of the Hon’ble High Court of Kerala, Patta issued by settlement officer, Certificate of Purchase issued by settlement officer.
Defendants Documents

Advocates

Party Role
Plaintiff
Advocate Name
K.A.Shaji Mathew
Appearance Type
Main Counsel
Party Role
Defendant
Advocate Name
C.P.Saji
Appearance Type
Main Counsel
Party Role
Defendant
Advocate Name
Ahalya Prakash
Appearance Type
Assisting Counsel

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)

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 Joseph Rapael @ Joemon vs Preshi Paul regarding recovery of possession.
Case Code Year
Case between Joseph Rapael @ Joemon vs Preshi Paul regarding recovery of possession.

Quick Facts

Location
Ernakulam
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Case Filed
Sun, 08/21/2022 - 12:00
Case Closed
Wed, 08/21/2024 - 12:00
From
Thu, 08/01/2024 - 12:00
To
Sat, 08/31/2024 - 12:00
Outcome Confidence
95%

Involved Entities

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