Case Summary
Involves plaintiff claiming absolute ownership and right of way over property being misused by defendants
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Case Type
Injunction
Final Judgment
No
Plaintiff declared as absolute owner of specified property, restraining defendants from unauthorized usage
Why Plaintiff Won:
Defendants attempted to use property in dispute without proper rights
Defendants attempted to use property in dispute without proper rights
Losing Side's Weaknesses:
Defendants attempted to use property in dispute without proper rights
Defendants attempted to use property in dispute without proper rights
Supporting Evidence
Defendants claimed right of way not supported by evidence
Judgment Evidence:
Suit decreed with costs. Defendants restrained from using property specified. Plaintiff entitled to realization of costs.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Kandanath Vadakke Veettil Madhavi Amma's daughter, K.V.Vijayalakshmi Amma
- Party Age
- 62
- Party Role
- Plaintiff
- Party Name
- K.V.Ajay
- Party Age
- 40
- Relation
- Power of Attorney Holder
- Party Role
- Defendant
- Party Name
- Kamalavathi K
- Party Age
- 60
- Party Role
- Defendant
- Party Name
- Prabhavathi.K.
- Party Age
- 58
- Relation
- D/o. Velayudhan Master
- Party Role
- Defendant
- Party Name
- Ruyesh K
- Party Age
- 33
- Relation
- S/o. Kozhissery Gangadharan
- Party Role
- Defendant
- Party Name
- Kolanchery Ganesh
- Party Age
- 55
- Relation
- S/o. Velayudhan Master
Plaintiffs Documents
Jenm Assignment Deed No. 18-02-1992, Settlement Deed No. 10-05-2006, Certified Copy of Settlement Deed No. 1635/2006, Joint Release Deed No. 27-01-1986 and No. 26-03-1993, Copy of Lawyer Notice 14-01-2013, Tax Receipt 31-10-2012
Defendants Documents
Jenm Assignment Deed No. 13-04-2012, Jenm Assignment Deed No. 05-04-2014
Advocates
Reliefs
Relief Type:
Declaration
Outcome:
Granted
Description:
Declaration of absolute ownership of 'NORF' property
Evidence:
The plaint A schedule property belongs to the plaintiff by virtue of Exbt. A1, A4 and A5 documents.
Documents & Evidence
Document Type:
Jenm Assignment Deed
Submitted By:
Plaintiff
Relevance:
Shows ownership of 'NORF' property
Reference:
A1
Document Type:
Settlement Deed
Submitted By:
Plaintiff
Relevance:
Restriction on use of A schedule property
Reference:
A2
Document Type:
Jenm Assignment Deed
Submitted By:
Defendant
Relevance:
Defendants' ownership of property
Reference:
B1
Document Type:
Jenm Assignment Deed
Submitted By:
Defendant
Relevance:
Reference:
B2
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Documents supporting the judgment
Reference:
C1 to C6
Case Classification
Case Type
Injunction
Category
Property and Possession Disputes
District
Malappuram
State
Kerala
Court Establishment
Munsiff Court, Tirur / Rent Control Court
Common Reasons
Injunction
Case Code
Case between Kandanath Vadakke Veettil Madhavi Amma's daughter, K.V.Vijayalakshmi Amma vs Kamalavathi K et al regarding Unlawful Use of Property
Case Code Year
Case between Kandanath Vadakke Veettil Madhavi Amma's daughter, K.V.Vijayalakshmi Amma vs Kamalavathi K et al regarding Unlawful Use of Property