Case Summary
Rakesh Bharathan, the plaintiff, is seeking to recover possession of his property from Biju.V, the defendant, who is currently in unauthorized possession. The dispute arose when the defendant refused to vacate the property after an oral notice of revocation of license was issued.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The plaintiff is entitled to recover vacant possession of the plaint schedule property and to realise an amount of Rs. 72,000 as damages with interest.
Case Type
Civil Suit
Final Judgment
No
The court decreed in favor of the plaintiff, granting him recovery of the property and awarding damages of Rs. 72,000 along with interest.
Why Plaintiff Won:
The evidence clearly established that the defendant is liable to give vacant possession of the plaint schedule property.
The evidence clearly established that the defendant is liable to give vacant possession of the plaint schedule property.
Losing Side's Weaknesses:
The evidence clearly established that the defendant is liable to give vacant possession of the plaint schedule property.
The evidence clearly established that the defendant is liable to give vacant possession of the plaint schedule property.
Supporting Evidence
The evidence clearly established that the defendant is liable to give vacant possession of the plaint schedule building and compensation for damages to the plaintiff.
Judgment Evidence:
In the result, the suit is decreed as follows: i) The plaintiff is entitled to recover the vacant possession of plaint schedule property from the defendant. ii) Plaintiff is entitled to realise an amount of Rs.72,000/- (Rupees Seventy Two Thousand only) as damages together with interest at the rate of 12% per annum from the date of suit till the date of decree.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Rakesh Bharathan
- Party Age
- 47
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Biju.V
- Party Age
- 51
- Relation
- S/o
Plaintiffs Documents
Certified copy of sale deed No. 1391/2015, Building tax receipt, Complaint receipt from Eravipuram Police Station, Land tax receipt, Office copy of legal notice, Postal receipt, Acknowledgment card
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- K. Somasekharan Pillai
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- S.R. Prasanth
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Akshaya.S
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Fiza Rasheed
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiff is entitled to recover the vacant possession of the plaint schedule property from the defendant.
Evidence:
The plaintiff is entitled to recover the vacant possession of plaint schedule property from the defendant.
Relief Type:
Damages
Outcome:
Granted
Description:
Plaintiff is entitled to realise an amount of Rs.72,000 as damages together with interest.
Evidence:
Plaintiff is entitled to realise an amount of Rs.72,000/- (Rupees Seventy Two Thousand only) as damages together with interest.
Documents & Evidence
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
Certified copy of sale deed proves the plaintiff is the absolute owner in possession of the plaint schedule property.
Reference:
Ext.A1
Document Type:
Building Tax Receipt
Submitted By:
Plaintiff
Relevance:
Shows that the plaintiff is remitting land tax for the property.
Reference:
Ext.A2
Document Type:
Complaint receipt
Submitted By:
Plaintiff
Relevance:
Receipt issued to the plaintiff from the Eravipuram Police Station, relevant to the case.
Reference:
Ext.A3
Document Type:
Land Tax Receipt
Submitted By:
Plaintiff
Relevance:
Relevant tax receipt demonstrating ownership.
Reference:
Ext.A4
Document Type:
Legal Notice
Submitted By:
Plaintiff
Relevance:
Office copy of legal notice sent to the defendant demanding payment.
Reference:
Ext.A5
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
Postal receipt relevant to the correspondence with the defendant.
Reference:
Ext.A6
Document Type:
Acknowledgment card
Submitted By:
Plaintiff
Relevance:
Acknowledgment card that supports the plaintiff's claims.
Reference:
Ext.A7
Case Classification
Case Type
Civil Suit
Category
Property and Possession Disputes
District
Kollam
State
Kerala
Court Establishment
Munsiff Court Kollam
Common Reasons
Unauthorized occupation
Case Code
Case between Rakesh Bharathan vs Biju.V regarding recovery of possession and damages.
Case Code Year
Case between Rakesh Bharathan vs Biju.V regarding recovery of possession and damages.