O.S No. 304/2020

Case between N.Parvathy Manoranjini vs V.K.Jayan et al regarding Mandatory injunction and damages

Court

I ADDITIONAL MUNSIFF, ERNAKULAM

Judge

Sri. Padmakumar.G.

Order Date

2024-03-15

Duration

approximately-3 years 6 months

Case Closed

Judgement document from eCourt website

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Case Summary

The plaintiff, N.Parvathy Manoranjini, is a retired government college principal who owns the property known as 'Jay Building'. She has filed a suit against V.K.Jayan, P.S.Sajeevan, and Sindhu Sajeevan for mandatory injunction and damages due to unauthorized occupation of the property by the defendants.

Judgment Outcome

Plaintiff Won

Interim Order

The court issued a decree of mandatory injunction directing the defendants to vacate the plaint schedule cabin and restrained them from conducting any business that adversely affects the plaintiff's rights.

Judgment Favored

Plaintiff

Relief Granted

Defendants are directed to vacate the plaint schedule cabin within one month and pay Rs.50/- per month towards damages.

Case Type

Civil Suit

Final Judgment

Why Plaintiff Won:
The plaintiff proved that the defendants occupied the cabin without consent after the license had expired.

Losing Side's Weaknesses:
The plaintiff proved that the defendants occupied the cabin without consent after the license had expired.

Supporting Evidence

The license granted to the 1st defendant was revoked, and the continued occupation by the defendants was unauthorized. The plaintiff established rights through compelling evidence.

Judgment Evidence:

1. The defendants are directed by a decree of mandatory injunction to vacate the plaint schedule cabin within one month from the date of judgment and to surrender the vacant possession of the plaint schedule cabin to the plaintiff free from any encumbrances. 2. 1st defendant is also directed to pay an amount of Rs.50/-p.m. from October 2019 till the date of handing over the vacant possession of the plaint schedule cabin towards damages and compensation.

Parties Involved

Parties

Party Role: Plaintiff
Party Name: N.Parvathy Manoranjini
Party Age: 74
Relation: W/o late A.C.Gopinatha Menon

Party Role: Defendant
Party Name: V.K.Jayan
Party Age: 65
Relation: S/o Karthikeyan

Party Role: Defendant
Party Name: P.S.Sajeevan
Party Age: 50

Party Role: Defendant
Party Name: Sindhu Sajeevan
Party Age: 45
Relation: W/o P.S.Sajeevan

Plaintiffs Documents

Medical certificate issued by Dr. Anil N.X., Original Agreement dated 01.09.16, Copy of lawyer notice dated 04.02.20.

Defendants Documents

Original rent receipts dated 07.06.07, 20.10.14, and 21.08.24.

Advocates

Party Role: Plaintiff
Advocate Name: Antony Mathew
Appearance Type: Main Counsel

Party Role: Defendant
Advocate Name: Mohan Jacob George
Appearance Type: Main Counsel

Party Role: Defendant
Advocate Name: Sabu S Kallarmoola
Appearance Type: Main Counsel

Reliefs

Relief Type: Mandatory Injunction

Outcome: Granted

Description:

Directing the defendants to vacate the plaint schedule cabin within one month.

Evidence:

The defendants are directed by a decree of mandatory injunction to vacate the plaint schedule cabin within one month from the date of judgment.

Relief Type: Damages

Outcome: Granted

Description:

An amount of Rs.50/- per month from October 2019 till vacating the plaint schedule cabin.

Evidence:

1st defendant is also directed to pay an amount of Rs.50/-p.m. from October 2019 till the date of handing over the vacant possession of the plaint schedule cabin.

Relief Type: Permanent Injunction

Outcome: Granted

Description:

Restraining the defendants from doing any business in the plaint schedule cabin.

Evidence:

The defendants, their men or agents are restrained by a decree of permanent prohibitory injunction from doing any business in the plaint schedule cabin that will adversely affect the right of the plaintiff.

Documents & Evidence

Document Type: Medical Certificate

Submitted By: Plaintiff

Relevance:

Medical certificate issued by Dr. Anil N.S. regarding the plaintiff's health condition.

Reference:

Ext.A1

Document Type: Original agreement

Submitted By: Plaintiff

Relevance:

License agreement between the plaintiff and the 1st defendant for the premises in question.

Reference:

Ext.A2

Document Type: Copy of Lawyer Notice

Submitted By: Plaintiff

Relevance:

Lawyer's notice demanding vacant possession from the defendants.

Reference:

Ext.A3

Document Type: Reply Notice

Submitted By: Plaintiff

Relevance:

Defendant's reply to the lawyer's notice.

Reference:

Ext.A4

Document Type: Postal receipt

Submitted By: Plaintiff

Relevance:

Postal receipt evidencing the sending of the notice.

Reference:

Ext.A5

Document Type: Acknowledgment card

Submitted By: Plaintiff

Relevance:

Acknowledgment of receipt of the notice by the 2nd defendant.

Reference:

Ext.A6

Document Type: Original rent receipt

Submitted By: Defendant

Relevance:

Rent receipt issued to the defendant, evidencing payment of rent.

Reference:

Ext.B1

Document Type: Original rent receipt

Submitted By: Defendant

Relevance:

Second original rent receipt evidencing payment.

Reference:

Ext.B1(a)

Document Type: Original rent receipt

Submitted By: Defendant

Relevance:

Third original rent receipt evidencing payment.

Reference:

Ext.B1(b)

Document Type: Original rent receipt

Submitted By: Defendant

Relevance:

Further original rent receipts evidencing payment of rent.

Reference:

Ext.B2