Case Summary
Richard Hentry, the plaintiff, claims ownership and possession of a property from which he seeks protection against the defendants, his neighbors, who he alleges are attempting to trespass. The defendants are also his business partners.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Defendants restrained from trespassing into the plaint schedule property; costs to be recovered from defendants.
Case Type
Civil Suit
Final Judgment
No
The suit is decreed in part, restraining the defendants from trespassing into the plaint schedule property. The plaintiff is also entitled to recover costs from the defendants.
Why Plaintiff Won:
The plaintiff proved his case by providing evidence that was not rebutted by the defendants.
The plaintiff proved his case by providing evidence that was not rebutted by the defendants.
Losing Side's Weaknesses:
The plaintiff proved his case by providing evidence that was not rebutted by the defendants.
The plaintiff proved his case by providing evidence that was not rebutted by the defendants.
Supporting Evidence
By producing Exts. A1 and A2 and by deposing in tune with the plaint averments in the affidavit, the plaintiff has succeeded in proving his case. Moreover, there is no evidence to rebut the evidence adduced on the side of the plaintiff.
Judgment Evidence:
In the result, this suit is decreed in part as follows: (i)The defendants and their men are restrained from trespassing into the plaint schedule property or causing any damage therein.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Richard Hentry
- Party Age
- 67
- Party Role
- Defendant
- Party Name
- Nickolas Joseph
- Party Age
- 60
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Sherly.S
- Relation
- W/o
Plaintiffs Documents
Certified copy of sale deed No.2784/1989, Land Tax Receipt from Village Office, Sakthikulangara.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Panambil S. Jayakumar
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Baiju Kumar. D.
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sofiya R.
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Permanent Injunction
Outcome:
Granted
Description:
Defendants are restrained from trespassing into the plaint schedule property or causing any damage therein.
Evidence:
The defendants and their men are restrained from trespassing into the plaint schedule property or causing any damage therein.
Relief Type:
Other
Outcome:
Granted
Description:
The plaintiff is entitled to realise costs of the suit from the defendants.
Evidence:
The plaintiff is entitled to realise costs of the suit from the defendants.
Documents & Evidence
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
Certified copy of Sale deed No. 2784/1989 establishes the plaintiff's ownership of the property.
Reference:
Ext.A1
Document Type:
Land Tax Receipt
Submitted By:
Plaintiff
Relevance:
Land tax receipt provides evidence of the plaintiff's payment of land tax for the property.
Reference:
Ext.A2
Case Classification
Case Type
Civil Suit
Category
Injunction and Access Rights
District
Kollam
State
Kerala
Court Establishment
Munsiff Court Kollam
Common Reasons
Case Code
Case between Richard Hentry vs Nickolas Joseph et al regarding permanent prohibitory injunction.
Case Code Year
Case between Richard Hentry vs Nickolas Joseph et al regarding permanent prohibitory injunction.