Case Summary
The plaintiffs, K V George and others, seek partition of property and injunction against the defendants, Mariyamma and others, who are interfering with their possession. The court found that the plaintiffs established their claim to the property.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Case Type
Civil Suit
Final Judgment
No
The suit was decreed in favor of the plaintiffs, granting them ownership of the property and rights over the residential building. The court ordered separate possession and issued a prohibitory injunction against the defendants.
Why Plaintiff Won:
The plaintiffs proved their ownership through a valid deed and unchallenged testimony.
The plaintiffs proved their ownership through a valid deed and unchallenged testimony.
Losing Side's Weaknesses:
The plaintiffs proved their ownership through a valid deed and unchallenged testimony.
The plaintiffs proved their ownership through a valid deed and unchallenged testimony.
Supporting Evidence
Exhibit A1 establishes that the first defendant, who held half right in the plaint schedule property, conveyed her share to the plaintiffs under a valid registered document.
Judgment Evidence:
In the result, the suit is decreed as follows: The plaintiffs are entitled to 51 cents of land from the plaint schedule property by metes and bounds.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- K V George
- Party Age
- 55
- Relation
- S/o
- Party Role
- Plaintiff
- Party Name
- Nileena
- Party Age
- 45
- Relation
- W/o
- Party Role
- Plaintiff
- Party Name
- Laiju George
- Relation
- S/o
- Party Role
- Plaintiff
- Party Name
- Dhanya George
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Mariyamma
- Party Age
- 69
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Prakash
- Party Age
- 47
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Chinnamma
- Party Age
- 54
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Mini
- Party Age
- 38
- Relation
- W/o
Plaintiffs Documents
Sale Deed No.1055/2004 of SRO, Perumbavoor
Defendants Documents
Nil
Advocates
- Party Role
- Plaintiff
- Advocate Name
- K K George
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- N P Asha
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Possession
Outcome:
Granted
Description:
The plaintiffs are entitled to 51 cents of land from the plaint schedule property.
Evidence:
In the result, the suit is decreed as follows: i.The plaintiffs are entitled to 51 cents of land from the plaint schedule property by metes and bounds.
Relief Type:
Possession
Outcome:
Granted
Description:
The plaintiffs are entitled to separate possession of the said property.
Evidence:
ii.The plaintiffs are entitled to separate possession of the said property.
Relief Type:
Declaration
Outcome:
Granted
Description:
The plaintiffs are entitled to half right over the residential building situated in the plaint schedule property.
Evidence:
iii.The plaintiffs are entitled to half right over the residential building situated in the plaint schedule property.
Relief Type:
Other
Outcome:
Granted
Description:
The plaintiffs are also entitled to a right of way from the eastern public road to access the portion allotted to them.
Evidence:
iv.The plaintiffs are also entitled to a right of way from the eastern public road to access the portion allotted to them.
Relief Type:
Injunction
Outcome:
Granted
Description:
The relief of prohibitory injunction is granted in favour of the plaintiffs.
Evidence:
v.The relief of prohibitory injunction is granted in favour of the plaintiffs to the extent that the defendants are restrained from interfering with the peaceful possession and enjoyment of the property to be allotted to the plaintiffs.
Relief Type:
Other
Outcome:
Granted
Description:
The plaintiffs are entitled to the cost of the suit.
Evidence:
vi.The plaintiffs are entitled to the cost of the suit.
Documents & Evidence
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
Establishes that the first defendant conveyed her share to the plaintiffs under a valid registered document.
Reference:
Ext.A1
Document Type:
Commissioner Report
Submitted By:
Court
Relevance:
Supports the plaintiffs' claim by detailing the property in question.
Reference:
Ext.C1
Document Type:
Commissioner Report
Submitted By:
Court
Relevance:
Contains a rough sketch related to the property.
Reference:
Ext.C1(a)
Case Classification
Case Type
Civil Suit
Category
Property and Possession Disputes
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Perumbavoor
Common Reasons
Case Code
Case between K V George et al vs Mariyamma et al regarding partition and injunction
Case Code Year
Case between K V George et al vs Mariyamma et al regarding partition and injunction