Case Summary
The plaintiffs, Madhavan Pillai and Sudharmadevi Amma, are husband and wife. They filed a suit against their son, Harish.M, for mandatory and prohibitory injunction regarding the possession of their property.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Defendant directed to vacate the building within 30 days and restrained from accommodating any women in the property.
Case Type
Injunction
Final Judgment
No
The suit was decreed in favor of the plaintiffs, allowing them to regain possession of the property while restricting the defendant from causing any obstructions.
Why Plaintiff Won:
The plaintiffs proved their ownership and entitlement to possession.
The plaintiffs proved their ownership and entitlement to possession.
Losing Side's Weaknesses:
The plaintiffs proved their ownership and entitlement to possession.
The plaintiffs proved their ownership and entitlement to possession.
Supporting Evidence
The evidence of PW1 coupled with Ext. A1 to A3 would prove the case of the plaintiffs. The pleadings and evidence of the plaintiffs remained unchallenged.
Judgment Evidence:
In the result, the suit is decreed with costs as follows: i.It is hereby directing the defendant to vacate from the building situated in plaint schedule property within 30 days from today.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Madhavan Pillai
- Party Age
- 84
- Relation
- S/o
- Party Role
- Plaintiff
- Party Name
- Sudharmadevi Amma
- Party Age
- 67
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Harish.M
- Party Age
- 47
- Relation
- S/o
Plaintiffs Documents
Sale Deed No. 833/1979, Building Tax exemption acknowledgment receipt
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- John George
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Jasmine.M
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Mandatory Injunction
Outcome:
Granted
Description:
Defendant directed to vacate from the building situated in plaint schedule property.
Evidence:
It is hereby directing the defendant to vacate from the building situated in plaint schedule property within 30 days from today.
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
Defendant restrained from accommodating any women into the house on the scheduled property and causing obstructions.
Evidence:
The defendant is restrained from accommodating any women, whether married or not, into the house on the scheduled property.
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiffs entitled to realize the costs of the suit from the defendant.
Evidence:
Plaintiffs are entitled to realise the costs of the suit from the defendant.
Documents & Evidence
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
Proves that the 1st plaintiff is the absolute owner in possession of the plaint schedule property.
Reference:
Ext.A1
Document Type:
Building Tax Exemption Acknowledgment Receipt
Submitted By:
Plaintiff
Relevance:
Supports the claim of the 1st plaintiff's ownership and possession of the property.
Reference:
Ext.A2
Document Type:
Receipt from Police Station
Submitted By:
Plaintiff
Relevance:
Demonstrates harassment towards the plaintiffs by the defendant.
Reference:
Ext.A3
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Prepared by Advocate Commissioner to support the court's observation on the property.
Reference:
Ext.C1
Document Type:
Mahazar
Submitted By:
Court
Relevance:
Submitted by Advocate Commissioner, providing detailed observations related to the property.
Reference:
Ext.C1(a)
Document Type:
Oral Evidence
Submitted By:
Unknown
Relevance:
Supports the plaintiffs' claims regarding ownership and harassment.
Reference:
Case Classification
Case Type
Injunction
Category
Other Civil Cases
District
Kollam
State
Kerala
Court Establishment
Munsiff Court Kollam
Common Reasons
Case Code
Case between Madhavan Pillai vs Harish.M regarding Injunction
Case Code Year
Case between Madhavan Pillai vs Harish.M regarding Injunction