Case Summary
The plaintiffs, Kurias Thomas and Marykutty, are seeking a permanent prohibitory injunction against the defendant, Chacko Sajive, who is accused of attempting to forcibly evict them from their properties. The plaintiffs assert their rightful possession of the properties and claim the defendant has no legal rights to demand payments or enter their premises.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
A decree of permanent prohibitory injunction is passed restraining the defendant from entering into plaint schedule item No.1, 2 and 3 properties and obstructing the peaceful life of the plaintiffs.
Case Type
Civil Suit
Final Judgment
No
The court decreed a permanent prohibitory injunction against the defendant, preventing him from entering the plaintiffs' properties and causing any disturbance. The plaintiffs were also awarded costs associated with the suit.
Why Plaintiff Won:
The court found that the plaintiffs proved their title and possession of the properties and the defendant had no legal basis for his actions.
The court found that the plaintiffs proved their title and possession of the properties and the defendant had no legal basis for his actions.
Losing Side's Weaknesses:
The court found that the plaintiffs proved their title and possession of the properties and the defendant had no legal basis for his actions.
The court found that the plaintiffs proved their title and possession of the properties and the defendant had no legal basis for his actions.
Supporting Evidence
The plaintiffs could prove that they are in title and possession of plaint schedule properties. The defendant has no right to forcibly evict plaintiffs from the house owned to 1st defendant.
Judgment Evidence:
In the result the suit is decreed as follows: 1A decree of permanent prohibitory injunction is passed restraining the defendant from entering into plaint schedule item No.1, 2 and 3 properties, making new constructions therein, obstructing the peaceful life of the plaintiffs in the plaint schedule properties and from committing any waste therein.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Kurias Thomas
- Party Age
- 45
- Relation
- S/o
- Party Role
- Plaintiff
- Party Name
- Marykutty
- Party Age
- 72
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Chacko Sajive
- Party Age
- 47
- Relation
- S/o
Plaintiffs Documents
Will deed No.232/III/12, certified copy of settlement deed No.155/16, certified copy of sale deed No.5543/1985, tax receipts for items No.1 to 3 properties, death certificate of plaintiff’s father.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- K.S. Sajikumar
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
A decree of permanent prohibitory injunction is passed restraining the defendant from entering into plaint schedule item No.1, 2 and 3 properties.
Evidence:
1A decree of permanent prohibitory injunction is passed restraining the defendant from entering into plaint schedule item No.1, 2 and 3 properties, making new constructions therein, obstructing the peaceful life of the plaintiffs in the plaint schedule properties and from committing any waste therein.
Relief Type:
Other
Outcome:
Granted
Description:
Plaintiffs are entitled to get the cost of the suit from defendant and his assets.
Evidence:
Plaintiffs are entitled to get the cost of the suit from defendant and his assets.
Documents & Evidence
Document Type:
Will Deed
Submitted By:
Plaintiff
Relevance:
Certified copy of Will deed No.232/III/12 of the SRO, Kanjirappally showing title holder of plaint schedule item No.1 property.
Reference:
Ext.A1
Document Type:
Will Deed
Submitted By:
Plaintiff
Relevance:
Original will deed No.232/12 of the SRO, Erumely.
Reference:
Ext.A1(a)
Document Type:
Settlement Deed
Submitted By:
Plaintiff
Relevance:
Certified copy of Settlement deed No.155/16 proving title of plaint schedule item No.2 property.
Reference:
Ext.A2
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
Certified copy of Sale deed No.5543/1985 proving title of plaint schedule item No.3 property.
Reference:
Ext.A3
Document Type:
Tax receipt
Submitted By:
Plaintiff
Relevance:
Tax Receipt for plaint schedule item No.1 property.
Reference:
Ext.A4
Document Type:
Tax receipt
Submitted By:
Plaintiff
Relevance:
Tax Receipt for plaint schedule item No.2 property.
Reference:
Ext.A5
Document Type:
Tax receipt
Submitted By:
Plaintiff
Relevance:
Tax Receipt for plaint schedule item No.3 property.
Reference:
Ext.A6
Document Type:
Death Certificate
Submitted By:
Plaintiff
Relevance:
Death Certificate of plaintiff’s father.
Reference:
Ext.A7
Case Classification
Case Type
Civil Suit
Category
Injunction and Access Rights
District
Kottayam
State
Kerala
Court Establishment
Munsiff Court Kanjirappally
Common Reasons
Unauthorized occupation
Case Code
O.S
Case Code Year
2023