Case Summary
The case involves Rekha Chandran suing Indira and Biju for a permanent prohibitory injunction against trespassing into her property. Rekha alleges ongoing harassment and attempts by the defendants to illegally occupy her property.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Permanent prohibitory injunction against the defendants
Case Type
Civil Suit
Final Judgment
No
The court decreed the suit and permanently restrained the defendants from trespassing into the plaint schedule property and obstructing the plaintiff's peaceful possession.
Why Plaintiff Won:
The evidence provided by the plaintiff, including documents A1 and A2, substantiated her claims of ownership and rightful possession.
The evidence provided by the plaintiff, including documents A1 and A2, substantiated her claims of ownership and rightful possession.
Losing Side's Weaknesses:
The evidence provided by the plaintiff, including documents A1 and A2, substantiated her claims of ownership and rightful possession.
The evidence provided by the plaintiff, including documents A1 and A2, substantiated her claims of ownership and rightful possession.
Supporting Evidence
The evidence of PW1 coupled with Exts. A1 and A2 would prove the case of the plaintiff. Pleadings and evidence of the plaintiff remain unchallenged. The evidence adduced by the plaintiff evince that the trespass and committing mischief by the defendants over the plaint schedule property are well founded.
Judgment Evidence:
In the result, the suit is decreed with costs as follows: i. The defendants and their agents are permanently restrained from trespassing into the plaint schedule property and from making any obstructions to the peaceful possession and enjoyment of the plaintiff over the plaint schedule property and also from committing any waste, nuisance or mischief therein.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Rekha Chandran
- Party Age
- 48
- Relation
- W/o Late Chandra Babu
- Party Role
- Defendant
- Party Name
- Indira
- Party Age
- 56
- Relation
- W/o Sasidharan
- Party Role
- Defendant
- Party Name
- Biju
- Party Age
- 35
- Relation
- S/o Sasidharan
Plaintiffs Documents
Certified copy of Sale Deed No. 30/2013, Copy of land tax receipt
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- R. Ramesh Kumar
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Lekha Ramachandran
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
Defendants are permanently restrained from trespassing into the plaint schedule property.
Evidence:
The defendants and their agents are permanently restrained from trespassing into the plaint schedule property and from making any obstructions to the peaceful possession and enjoyment of the plaintiff over the plaint schedule property and also from committing any waste, nuisance or mischief therein.
Relief Type:
Other
Outcome:
Granted
Description:
Plaintiff is entitled to realise the costs of the suit from the defendants.
Evidence:
Plaintiff is also entitled to realise the costs of the suit from the defendants.
Documents & Evidence
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
Certified copy of Sale Deed No. 30/2013 dated 03/01/2013 shows the plaintiff is the absolute owner in possession of the plaint schedule property.
Reference:
Ext.A1
Document Type:
Tax receipt
Submitted By:
Plaintiff
Relevance:
Tax receipt dated 19/01/2021 supports the plaintiff's claim of ownership and possession of the plaint schedule property.
Reference:
Ext.A2
Case Classification
Case Type
Civil Suit
Category
Other Civil Cases
District
Kollam
State
Kerala
Court Establishment
Munsiff Court Kollam
Common Reasons
Case Code
Case between Rekha Chandran vs Indira, Biju regarding permanent prohibitory injunction
Case Code Year
Case between Rekha Chandran vs Indira, Biju regarding permanent prohibitory injunction