Case Summary
Munjusha M Joseph, the plaintiff, claims to be the absolute owner of a property and accuses the defendants of trespassing and constructing a building on her land. The case revolves around her request for mandatory injunction and recovery of possession of the disputed property.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Mandatory injunction to remove the unauthorized construction and to restore possession of plaint B schedule property.
Case Type
Civil Suit
Final Judgment
No
Why Plaintiff Won:
The plaintiff successfully proved ownership of the property and the defendants’ unauthorized construction.
The plaintiff successfully proved ownership of the property and the defendants’ unauthorized construction.
Judgment Evidence:
In the light of the discussions on issues No.1 to 5, the suit is decreed in part with costs as follows: 1. The defendants are directed to put the plaintiff in possession of the plaint B schedule property as per Ext.C1(a) sketch. 2. The defendants are directed by a mandatory injunction to remove the construction made by the defendants in the plaint B schedule property. 3. The prayer for mesne profits and recovery of the same is dismissed. 4. The plaintiff is entitled to realize costs of the suit.
Parties Involved
Plaintiffs
Munjusha M Joseph (36 years years)
Pallathussery House, Palarivattom desom, Poonithura village, Kanayannur taluk, Palarivattom P.O, Pin – 682 025
Defendants
Vilasini (70 years years)
Kanniparambil house, Near KSRTC Garage, Ernakulam, Kaloor Desom, Ernakulam Village, college P.O, Pin – 682 035
K.B.Dinesh (39 years years)
kanniparambil house, Near KSRTC Garage, Ernakulam, Karithala Desom, Ernakulam Village, college P.O, Pin – 682 035
K.B.Suresh (39 years years)
kanniparambil house, Near KSRTC Garage, Ernakulam, Karithala Desom, Ernakulam Village, college P.O, Pin – 682 035
K.B.Rajesh (32 years years)
kanniparambil house, Near KSRTC Garage, Ernakulam, Karithala Desom, Ernakulam Village, college P.O, Pin – 682 035
Asha Ratheesh (30 years years)
kanniparambil house, Near KSRTC Garage, Ernakulam, Karithala Desom, Ernakulam Village, college P.O, Pin – 682 035
Reliefs
Relief Type:
Possession
Outcome:
Granted
Description:
Directing the defendants to put the plaintiff in possession of the plaint B schedule property.
Evidence:
The defendants are directed to put the plaintiff in possession of the plaint B schedule property as per Ext.C1(a) sketch.
Relief Type:
Mandatory Injunction
Outcome:
Granted
Description:
Ordering the defendants to remove the unlawful construction made in the plaint B schedule property.
Evidence:
The defendants are directed by a mandatory injunction to remove the construction made by the defendants in the plaint B schedule property.
Relief Type:
Mesne Profits
Outcome:
Rejected
Description:
Prayer for mesne profits and recovery of the same.
Evidence:
The prayer for mesne profits and recovery of the same is dismissed.
Documents & Evidence
Document Type:
Settlement Deed
Submitted By:
Plaintiff
Relevance:
Establishes the plaintiff's ownership of the plaint A schedule property.
Reference:
Ext.A1
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
Supports the claim of ownership by linking it to the previous owner.
Reference:
Ext.A2
Document Type:
Municipal Corporation Order
Submitted By:
Plaintiff
Relevance:
Demonstrates the municipal authority's order for demolition of unauthorized construction.
Reference:
Ext.A3
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Details the findings on property boundaries and encroachments as reported by the court-appointed commissioner.
Reference:
Ext.C1
Document Type:
Commission sketch
Submitted By:
Court
Relevance:
Illustrates the layout of the properties in question based on the commission report.
Reference:
Ext.C1(a)