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
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
No
Why Plaintiff Won:
The plaintiff proved that the defendants occupied the cabin without consent after the license had expired.
The plaintiff proved that the defendants occupied the cabin without consent after the license had expired.
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
Plaintiffs
N.Parvathy Manoranjini (74 years years)
Devdeep, 31/1003 C Kunhan Bava Road, Kochi – 682 019, Ernakulam village, Kanayannur Taluk, Ernakulam District
Defendants
V.K.Jayan (65 years years)
Vazhaparambil House, Elamkulam, Kochi – 682 017, Ernakulam District
P.S.Sajeevan (50 years years)
Pullimuttthu Parambil house, Nazrath Road, Aluva – 683 101, Aluva village, Aluva taluk, Ernakulam District
Sindhu Sajeevan (45 years years)
Pulimuttathu Parambil house, Nazrath road, Aluva – 683 101, Aluva village, Aluva Taluk, Ernakulam District
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
Document Type:
Receipt issued by Canara Bank
Submitted By:
Defendant
Relevance:
Receipt evidencing payment of rent by the defendant.
Reference:
Ext.B5
Document Type:
Receipt issued by Canara Bank
Submitted By:
Defendant
Relevance:
Another receipt evidencing payment of rent.
Reference:
Ext.B6
Document Type:
Receipt issued by Canara Bank
Submitted By:
Defendant
Relevance:
Receipt for rent payment.
Reference:
Ext.B7
Document Type:
Receipt issued by Canara Bank
Submitted By:
Defendant
Relevance:
Receipt for rent payment.
Reference:
Ext.B8
Document Type:
Receipt issued by Canara Bank
Submitted By:
Defendant
Relevance:
Receipt for rent payment.
Reference:
Ext.B9
Document Type:
Receipt issued by Canara Bank
Submitted By:
Defendant
Relevance:
Receipt for rent payment.
Reference:
Ext.B10
Document Type:
Receipt issued by Canara Bank
Submitted By:
Defendant
Relevance:
Receipt for rent payment.
Reference:
Ext.B11
Document Type:
Receipt issued by Canara Bank
Submitted By:
Defendant
Relevance:
Receipt for rent payment.
Reference:
Ext.B12
Document Type:
Copy of Medical Lab report and prescription
Submitted By:
Defendant
Relevance:
Medical reports produced by the defendants regarding health conditions.
Reference:
Ext.B13
Document Type:
Reply Notice
Submitted By:
Defendant
Relevance:
Copy of reply notice sent by the first defendant.
Reference:
Ext.B14