Case Summary
K.B Manoj and Saraswathiamma are involved in a legal dispute over the possession of a property. The plaintiff claims the defendant is attempting to unlawfully trespass and damage the property.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Permanent prohibitory injunction restraining the defendant from trespassing on plaint schedule property, destroying the cultivations and boundaries therein, making new constructions in plaint schedule property.
Case Type
Civil Suit
Final Judgment
No
The court granted a permanent prohibitory injunction in favor of the plaintiff, restraining the defendant from trespassing on the property.
Why Plaintiff Won:
The plaintiff proved possession and ownership of the property and established that the defendant intended to trespass.
The plaintiff proved possession and ownership of the property and established that the defendant intended to trespass.
Losing Side's Weaknesses:
The plaintiff proved possession and ownership of the property and established that the defendant intended to trespass.
The plaintiff proved possession and ownership of the property and established that the defendant intended to trespass.
Supporting Evidence
The evidence showed that the plaintiff has no intention to sell the property and has retained possession, thereby proving her claim against the trespass.
Judgment Evidence:
In the result, OS 119/2021 is dismissed with costs. OS 115/2021 is decreed granting a decree of permanent prohibitory injunction.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- K.B Manoj
- Party Age
- 52
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Saraswathiamma
- Party Age
- 75
- Relation
- D/o
Plaintiffs Documents
Certified copy of sale deed No. 1893/2007, Certified copy of sale deed No. 3103/2013.
Defendants Documents
Sale deed No. 3103/2013 of S.R.O., Kanjirappally, Tax Receipt Thandaper No. 6905 of the Cheruvally Village.
Advocates
- Party Role
- Plaintiff
- Advocate Name
- D. Muralidhar
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- P.R. Anil Kumar
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
Restraining the defendant from trespassing, destroying cultivations, and making new constructions.
Evidence:
OS 115/2021 is decreed as follows; 1 A decree of permanent prohibitory injunction is granted restraining the defendant from trespassing on plaint schedule property, destroying the cultivations and boundaries therein, making new constructions in plaint schedule property and committing any waste therein.
Relief Type:
Declaration
Outcome:
Rejected
Description:
Request to declare sale deed No. 3103/2013 as null and void.
Evidence:
OS 119/2021 is dismissed with costs.
Documents & Evidence
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
Certified copy of sale deed No. 1893/2007 establishing plaintiff's title over the property.
Reference:
Ext.A1
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
Certified copy of sale deed No. 3103/2013 claimed by plaintiff to be obtained through fraud.
Reference:
Ext.A2
Document Type:
Sale deed
Submitted By:
Defendant
Relevance:
Sale deed No. 3103/2013 claimed by defendant as valid transaction establishing his title.
Reference:
Ext.B1
Document Type:
Tax receipt
Submitted By:
Defendant
Relevance:
Tax receipt for establishing defendant's possession over the property.
Reference:
Ext.B2
Document Type:
Tax receipt
Submitted By:
Defendant
Relevance:
Tax receipt for establishing defendant's possession over the property.
Reference:
Ext.B3
Document Type:
Possession Certificate
Submitted By:
Defendant
Relevance:
Possession certificate issued to establish defendant's possession of the property.
Reference:
Ext.B4
Document Type:
Possession Certificate
Submitted By:
Defendant
Relevance:
Possession certificate issued to establish defendant's possession of the property.
Reference:
Ext.B5
Document Type:
Form 59
Submitted By:
Defendant
Relevance:
Form issued by S.R.O. confirming the sale deed.
Reference:
Ext.B6
Document Type:
Mahazar
Submitted By:
Court
Relevance:
Mahazar prepared by Commissioner for establishing the condition of the property.
Reference:
Ext.C1
Document Type:
Sketch
Submitted By:
Court
Relevance:
Sketch prepared by Commissioner depicting the property boundaries.
Reference:
Ext.C1(a)
Case Classification
Case Type
Civil Suit
Category
Property and Possession Disputes
District
Kottayam
State
Kerala
Court Establishment
Munsiff Court Kanjirappally
Common Reasons
Fraudulent misrepresentation
Case Code
O.S
Case Code Year
2021