Case Summary
The plaintiffs are seeking a permanent prohibitory injunction against the defendants regarding the possession of specified property. The plaintiffs claim ownership and have been in possession of the property for years, while the defendants dispute this ownership.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Permanent prohibitory injunction
Case Type
Civil Suit
Final Judgment
No
Why Plaintiff Won:
The plaintiffs proved their ownership and possession of the property in question.
The plaintiffs proved their ownership and possession of the property in question.
Judgment Evidence:
In the result, suit is decreed on the following terms. Defendants are restrained by a permanent prohibitory injunction from trespassing into plaint A schedule property from cutting and removing the rubber trees in the same or any part thereof or from committing any waste therein and from interfering with plaintiffs exclusive possession and peaceful enjoyment of the plaint A, B and C schedule properties.
Parties Involved
Plaintiffs
Pathrose (65 years years)
Palal House, Kakkanad Village, Kusumagiri P O
P P Georgekutty (61 years years)
Palal House, Kakkanad Village, Kusumagiri P O, Ernakulam District, Pin- 682030
P P Mathukutty (58 years years)
Palal House, Rajagiri Valley P O, Kakkanad Village, Ernakulam District, Pin- 682039
Saju Peter (56 years years)
Palal House, Kakkanad Village, Kusumagiri P O, Ernakulam District, Pin- 682030
Defendants
Ithappiri (60 years years)
Palal House, Kakkanad Village, Kusumagiri P O
Varghese (55 years years)
Palal House, Kakkanad Village, Kusumagiri P O
Molly Varghese (Age not specified years)
T C 7/1088, Palal House, Vattiyoorkavu P O, Thiruvanthapuram, 695013
Sheba (Age not specified years)
T C 7/1088, Palal House, Vattiyoorkavu P O, Thiruvanthapuram, 695013
Sheeba (Age not specified years)
T C 7/1088, Palal House, Vattiyoorkavu P O, Thiruvanthapuram, 695013
Reliefs
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
The court issued a permanent injunction restraining the defendants from trespassing and cutting trees on the plaint schedule property.
Evidence:
Defendants are restrained by a permanent prohibitory injunction from trespassing into plaint A schedule property from cutting and removing the rubber trees in the same or any part thereof or from committing any waste therein and from interfering with plaintiffs exclusive possession and peaceful enjoyment of the plaint A, B and C schedule properties.
Relief Type:
Costs
Outcome:
Granted
Description:
The defendants are ordered to pay the cost of the suit to the plaintiffs.
Evidence:
Defendants are directed to pay the cost of the suit to plaintiffs.
Documents & Evidence
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
The court used this document to establish the plaintiff's ownership of the plaint schedule property.
Reference:
Ext.A1
Document Type:
Partition Deed
Submitted By:
Plaintiff
Relevance:
This document was referenced to support the plaintiff's claim regarding the division of property.
Reference:
Ext.A2
Document Type:
Tax receipt
Submitted By:
Plaintiff
Relevance:
These receipts were used to verify the plaintiff's payment of tax related to the plaint schedule property.
Reference:
Ext.A3 to A3(e)
Document Type:
Rubber Board Registration
Submitted By:
Plaintiff
Relevance:
This document confirmed the plaintiff's registration of rubber plantation on the property.
Reference:
Ext.A4
Document Type:
Partition Deed
Submitted By:
Plaintiff
Relevance:
This deed was cited to establish the partitioning of the property in favor of the plaintiff.
Reference:
Ext.A6
Document Type:
Will
Submitted By:
Plaintiff
Relevance:
This document was noted as part of the plaintiff's evidence.
Reference:
Ext.A8
Document Type:
Partition Deed
Submitted By:
Defendant
Relevance:
The court referenced this document to understand the history of ownership claims regarding the property.
Reference:
Ext.B1
Document Type:
Commission Report
Submitted By:
Court
Relevance:
The court relied on this report to clarify the boundaries and extent of the plaint schedule property.
Reference:
Ext.C3