Case Summary
Merykutty filed a suit for permanent prohibitory injunction against James and John regarding a property dispute. The plaintiff alleges that the property is essential for her family's residence, while the defendants claim ownership based on their father's inheritance.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Permanent prohibitory injunction
Case Type
Civil Suit
Final Judgment
No
The court granted a permanent prohibitory injunction in favor of the plaintiff, restraining the defendants from interfering with the plaintiff's possession of the property.
Why Plaintiff Won:
The plaintiff proved her possession of the plaint schedule property through credible evidence.
The plaintiff proved her possession of the plaint schedule property through credible evidence.
Losing Side's Weaknesses:
The plaintiff proved her possession of the plaint schedule property through credible evidence.
The plaintiff proved her possession of the plaint schedule property through credible evidence.
Supporting Evidence
The evidence of PW1 to PW4 would clearly shows that the plaintiff is in the possession of the plaint schedule property which is including the disputed area.
Judgment Evidence:
In the result, the suit is decreed with costs as follows: The defendants and men under them are restrained by an order of permanent prohibitory injunction from trespassing into the plaint schedule property, causing damages in it, taking yield from it, causing obstruction in making any cultivation in it and doing any act detrimentally affecting the rights of the plaintiff therein.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Merykutty
- Party Age
- 58
- Relation
- W/o
- Party Role
- Plaintiff
- Party Name
- Sivananandan
- Party Age
- 65
- Relation
- Represented by
- Party Role
- Defendant
- Party Name
- James
- Party Age
- 60
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- John
- Party Age
- 70
- Relation
- S/o
Plaintiffs Documents
Certified copy of partition deed No.1359/2010, Certified copy of sale deed No. 21/4/2003, Certified copy of purchase No.827/2001, Land Tax Receipt No.KL 05051807902/23, Certified copy of Sale deed No.4097/1971.
Defendants Documents
Original Sale deed No.5436/1950.
Advocates
- Party Role
- Plaintiff
- Advocate Name
- D.Subhash Chandran
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Lisy.T.Skaria
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Shyla.K.A.
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
Plaintiff sought a permanent prohibitory injunction against the defendants regarding the plaint schedule property.
Evidence:
The suit is decreed with costs as follows: The defendants and men under them are restrained by an order of permanent prohibitory injunction from trespassing into the plaint schedule property.
Documents & Evidence
Document Type:
Partition Deed
Submitted By:
Plaintiff
Relevance:
Executed by legal heirs, asserting plaintiff's ownership and possession of the property.
Reference:
Ext.A1
Document Type:
Partition Deed
Submitted By:
Plaintiff
Relevance:
Supports the claim regarding the history of the property.
Reference:
Ext.A2
Document Type:
Settlement Document
Submitted By:
Plaintiff
Relevance:
Demonstrates the settlement history relating to the property.
Reference:
Ext.A3
Document Type:
Tax receipt
Submitted By:
Plaintiff
Relevance:
Evidence of ownership via regular tax payments indicating possession.
Reference:
Ext.A4
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
Historical ownership document related to the property.
Reference:
Ext.A5
Document Type:
Sale deed
Submitted By:
Defendant
Relevance:
Claims ownership and possession by the defendants.
Reference:
Ext.B1
Document Type:
Survey Commission Report
Submitted By:
Court
Relevance:
Details regarding the boundaries and possession of the disputed property.
Reference:
Ext.C1
Document Type:
Survey Plan
Submitted By:
Court
Relevance:
Visual representation of property boundaries as per the commission report.
Reference:
Ext.C1(a)
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Kottayam
State
Kerala
Court Establishment
Munsiff Court Vaikom
Common Reasons
Case Code
Case between Merykutty vs James et al regarding permanent prohibitory injunction
Case Code Year
Case between Merykutty vs James et al regarding permanent prohibitory injunction